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STATE v. GONZALEZ

No. 97-03960.

713 So.2d 1065 (1998)

STATE of Florida, Appellant, v. Santiago GONZALEZ, Appellee.

District Court of Appeal of Florida, Second District.

July 10, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellee.

CASANUEVA, Judge.

The State appeals a pre-trial order suppressing an out-of-court identification of the defendant, Santiago Gonzalez, by a citizen eyewitness. The trial court concluded that both the photo pack composition and its display to this uninvolved witness were impermissibly suggestive, thereby creating a substantial likelihood of misidentification of Mr. Gonzalez. The State contends the trial court's ruling was erroneous; upon this record, we agree and reverse...

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