JENKINS v. STATE

No. 1D11-2469.

96 So.3d 1110 (2012)

Henry A. JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 6, 2012.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Pamela D. Presnell , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Jennifer J. Moore , Assistant Attorney General, Tallahassee, for Appellee.


MARSTILLER, J.

Henry A. Jenkins ("Appellant") seeks reversal of his conviction for armed robbery, asserting two errors by the trial court. First, he argues that the court erred by denying his motion to suppress the victim's out-of-court identification of him as her assailant. Second, he argues that the court erred by failing to declare a mistrial after the prosecutor commented on his demeanor during closing argument. We conclude that the show-up identification procedure...

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