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SMITH v. STATE

No. 68-858.

221 So.2d 216 (1969)

Calvin Raye SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

April 8, 1969.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Thomas B. Calhoun, Special Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The only question presented on this appeal is the sufficiency of the evidence as to the identity of the defendant-appellant. It is clear that where positive identification is made by one having an opportunity to observe the crime, an appellate court will not substitute its judgment as to the sufficiency of the identification. See Wright v. State, FlaApp. 1966, 182 So.2d 264

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