STATE v. JOSEPH

No. 3D10-2858.

79 So.3d 49 (2011)

The STATE of Florida, Petitioner, v. Gerald JOSEPH, Evans Jean, Roosevelt Dejoie, and Edouard Toussaint, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 21, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Rolando A. Soler , for petitioner.

Lee Friedland , Fort Lauderdale, for respondents.

Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

The State of Florida petitions for a writ of certiorari to quash a trial court order granting the defendants' motion to suppress the victim's identification of the defendants. We grant certiorari because we find that the trial court departed from the essential requirements of law in not considering whether the suggestive nature of the identification created a substantial likelihood of irreparable misidentification...

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