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STATE v. GIBSON

No. 2D11-5818.

109 So.3d 251 (2013)

STATE of Florida, Appellant, v. Edward L. GIBSON, Appellee.

District Court of Appeal of Florida, Second District.

February 13, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Gina M. Girardot , Assistant Attorney General, Tampa, for Appellant.

Howard L. Dimmig, II , Public Defender, and Bruce P. Taylor , Assistant Public Defender, Bartow, for Appellee.

SILBERMAN, Chief Judge.

The State appeals an order suppressing a witness's out-of-court and in-court identifications of Gibson. Gibson was charged with grand theft and resisting a merchant's employee as the result of the theft of two televisions from a Walmart. We convert this direct appeal to a petition for writ of certiorari. Because the trial court departed from the essential requirements of the law in failing to consider...

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