Dell v. State

HOBSON, Acting Chief Judge.

Dell appeals his judgment and sentence, after having pled nolo contendere to a charge of armed robbery, reserving his right to appeal the trial court’s ruling on his motions to suppress.

The out-of-court photographic identification of Dell by the victim of the robbery was impermissively suggestive and should have been suppressed on the ground that it was tainted. Singleton v. State, Fla.App. 2d 1974, 303 So.2d 420.

The victim described the robber immediately to the police as approximately medium height, with a black mustache, black shoulder-length hair and black…