Rivera v. State

I respectfully dissent and would affirm the judgment of conviction below. The victim of the assault and her mother had defendant and his vehicle in their close and plain view for fully five minutes. Immediately after the assault, the victim and her mother were able to give the police the license tag number and to describe defendant, his vehicle, and the dog in the car, a Doberman pinscher dog, which defendant owns. The possibility of the specific identifying factors occurring by coincidence and the identification being in any regard unreliable is so remote as to be without legal effect. On…