DELL v. STATE

No. 74-852.

309 So.2d 52 (1975)

Chester Arthur DELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 26, 1975.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Harold H. Moore and Catherine Wings Slocum, Asst. Public Defenders, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


HOBSON, Acting Chief Judge.

Dell appeals his judgment and sentence, after having pled nolo contendere to a charge of armed robbery, reserving his right to appeal the trial court's ruling on his motions to suppress.

The out-of-court photographic identification of Dell by the victim of the robbery was impermissively suggestive and should have been suppressed on the ground that it was tainted. Singleton v. State, Fla.App.2d 1974, 303 So.2d 420...

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