STATE v. PEREZ

No. 90-1286.

587 So.2d 630 (1991)

The STATE of Florida, Appellant, v. Jose PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

October 15, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and John H. Lipinski, Sp. Asst. Public Defender, for appellee.

Before HUBBART, COPE and GODERICH, JJ.


PER CURIAM.

The state appeals from an order granting the defendant's motion to suppress out-of-court showup identifications and in-court identifications by eyewitnesses. We reverse and remand.

The trial court scheduled a suppression hearing at 7:00 a.m. The trial court called the hearing at 7:06 a.m. The assistant state attorney was not present. Following the defense counsel's proffer of the facts in support of the motion to suppress, the trial court found...

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