State v. Gibson

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 *253of 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 the appropriate factors to determine whether the impermissibly suggestive identification procedure should result in the suppression of the out-of-court and in-court…