STATE v. ROBINSON

No. 88-3301.

552 So.2d 943 (1989)

STATE of Florida, Appellant, v. Troy ROBINSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied December 6, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, Diane E. Leeds and Sylvia H. Alonso, Asst. Attys. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, Marcy K. Allen, Asst. Public Defender, and Monica Kalker, Certified Legal Intern, West Palm Beach, for appellee.


GARRETT, Judge.

The state appeals the trial court's order suppressing all in-court and out-of-court identifications of appellee as the strong-arm robber.

A day after the robbery, Officer Roggin (Roggin) prepared a photographic lineup which included appellee's photograph and showed it to the victim. She did not positively identify the robber. Thinking he had no case, Roggin threw the photographs away. Five days later, a second photographic lineup including...

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