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STATE v. FRANCOIS

No. 4D03-1806.

863 So.2d 1288 (2004)

STATE of Florida, Petitioner, v. David W. FRANCOIS, Respondent.

District Court of Appeal of Florida, Fourth District.

January 28, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for petitioner.

Carey Haughwout, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for respondent.

PER CURIAM.

The state petitions for a writ of certiorari quashing the circuit court order suppressing identification testimony because the procedure used in a photo lineup was unnecessarily suggestive. We grant the writ because we find that the procedures used by the police in handling a photo lineup were not unnecessarily suggestive, such that no constitutional violation occurred.

Respondent, David Francois, is charged with attempted robbery with a firearm...

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