PUGH v. STATE

No. AY-349.

463 So.2d 582 (1985)

Robbie PUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 19, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender; and Virginia Daire, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

Appellant/defendant was convicted by jury of grand theft and sentenced under the sentencing guidelines to five years in state prison. He now appeals both the conviction and the five year sentence. We affirm the conviction, but reverse and remand as to the sentence.

The first issue raised by appellant is whether the trial court erred in refusing to suppress an identification based on a "photo display." Appellant argues that his was the only...

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