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STATE v. SEPULVADO

No. 77-987.

362 So.2d 324 (1978)

STATE of Florida, Appellant, v. Gary W. SEPULVADO, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 14, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

Appellee/defendant Sepulvado and two others were charged with the aggravated battery of Louis Fox. Prior to trial Sepulvado moved to suppress any testimony that Fox might give identifying him as one of Fox's assailants. The trial court granted the motion, holding that Fox could not testify as to his pretrial identification of Sepulvado, nor could he give an in-court identification. The state appeals the trial court's order. We affirm.

Sepulvado...

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