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SIMONS v. STATE

No. MM-254.

389 So.2d 262 (1980)

Edward Charles SIMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 6, 1980.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

ERVIN, Judge.

Simons appeals his conviction for robbery of a grocery store. He contends the trial court erred in admitting eyewitness identification testimony and a group of mug shots which included his photograph. We reverse and remand.

Appellant, a former employee of the store, was identified by two employees as one of the robbers. One of the employees, a bag boy named Harry Nisenboin, stated at trial that Simons...

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