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SINGLETON v. STATE

Nos. 73-915, 73-1034.

303 So.2d 420 (1974)

Rhonnie SINGLETON, Appellant, v. STATE of Florida, Appellee. Joe Nathan WASHINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 27, 1974.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Ellen Condon, Asst. Public Defender, Tampa, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Judge.

We agree with appellants' contention that a lineup in which appellants participated, held approximately two hours after the offense had been committed but prior to the filing of an information charging appellants with the offense, was impermissively suggestive. The in-court identification by the witness, Anna Tonissen, was thereby tainted, and it was not shown by clear and convincing evidence that her in-court identification was based upon an independent...

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