RAHME v. STATE

No. 84-1259.

474 So.2d 1236 (1985)

James RAHME, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 29, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a grand theft conviction. Appellant presents two points for review. One, that the pre-trial photographic lineup was unnecessarily prejudicially suggestive and thus may have caused a misidentification of an innocent person. While we agree the photo lineup was suggestive and could have been better, the positive, forthright identification of the accused at trial cured the problem. Three witnesses, who each spent around one-half...

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