GIBSON v. STATE

No. Y-379.

325 So.2d 447 (1976)

Lester Louis GIBSON and Bernard Brinson, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 6, 1976.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender; and Michael J. Minerva, Asst. Public Defender, for appellants.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee.


BOYER, Chief Judge.

Appellants were charged and found guilty by a jury of robbery, use of a firearm in the commission of a felony, and aggravated assault. They have appealed their convictions and 15 year prison sentences, assigning as error the failure of the trial court to order a pre-trial lineup as requested by a defense motion filed six days prior to trial.

The crucial issue at trial was identity. But for the testimony of an eyewitness, W.B. Philmon, there...

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