Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided April 22, 2005No. 5D04-1562Published

1Opinion of the CourtMonaco, J.

The appellant, Reginald Lamar Smith, was convicted after jury trial of four counts of robbery with a firearm. He seeks review on two bases, neither of which warrant a reversal.

First, Mr. Smith argues that the trial court erred in allowing one of the witnesses to testify at trial concerning her “show up” identification, because he asserts that the procedure was unnecessarily suggestive and unreliable. We have reviewed the factors listed by the Florida Supreme Court in Perez v. State, 648 So.2d 715, 718 (Fla.1995), and conclude that the method utilized in the present case was proper. See also…

2Cases cited5 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Hutchinson v. StateSupreme Court of Florida · 2004
  3. Perez v. StateSupreme Court of Florida · 1995
  4. State v. JacksonDistrict Court of Appeal of Florida · 1999
  5. Lassiter v. StateDistrict Court of Appeal of Florida · 2003

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