MUSTEPHER v. STATE

No. 81-1190.

419 So.2d 656 (1982)

Solomon MUSTEPHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 24, 1982.


Attorney(s) appearing for the Case

Jack T. Edmund of Edmund, McDaniel & Holmes, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Lester Adams, III, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Judge.

Appellant was convicted of sexual battery primarily upon the testimony of the victim. He now contends that the court should not have admitted her identification testimony because it was based upon an impermissibly suggestive photopak.

The fact that appellant's picture consisted of a mug shot with a notation which indicated that he had previously been charged with sexual battery lends credence to appellant's argument of suggestiveness. However...

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