HOWARD v. STATE

No. 83-1580.

458 So.2d 407 (1984)

Calvin HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 1984.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach for appellant.

Jim Smith, Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach for appellee.


GLICKSTEIN, Judge.

This is an appeal from a judgment of guilt as to sexual battery with slight force, robbery with a deadly weapon, armed burglary of a structure and aggravated battery and the sentences resulting therefrom. We reverse and remand for new trial because the state failed to prove by clear and convincing evidence that the victim's in-court identification was based on her observation of appellant at the scene of the crime and not dependent on the unnecessarily...

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