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MOLINA v. STATE

No. 82-870.

447 So.2d 253 (1983)

Raul MOLINA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 4, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and William P. Thomas, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

In the first appearance of this case, we reversed the defendant's conviction because the investigating officers stated that after interviewing two non-testifying co-defendants they arrested Molina and placed his picture in a photo lineup for identification by the victim. Molina v. State, 406 So.2d 57 (Fla. 3d DCA 1981). Relying upon our prior decision in Postell v. State, 398 So.2d...

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