SMITH v. STATE

No. HH-140.

362 So.2d 417 (1978)

Paul Stephen SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 30, 1978.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Margaret Good, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.


ERVIN, Judge.

Smith appeals his conviction for the offense of sexual battery with the use of a deadly weapon. The issues in Smith's appeal turn primarily upon the reliability of the victim's in-court identification.

We must initially determine whether the pre-trial identification was impermissibly suggestive. If we so find, then the next question to answer is whether the misidentification gave rise to a substantial likelihood of irreparable misidentification...

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