FRANTZ LECOIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the defendant’s convictions upon a holding that (1) the out-of-court identification procedure was not unnecessarily suggestive and did not give rise to any substantial likelihood of mistaken identification, Grant v. State, 390 So. 2d 341 (Fla.1980); Gaines v. State, 406 So. 2d 523 (Fla. 4th DCA 1981); (2) the in-court identification of the defendant was, independent of the pretrial show-up, admissible where the eyewitness-victim, with a clear and unobstructed view, observed Lecoin for more than twelve minutes in a well-lit store, Hanks v. State, 305 So. 2d 817 (Fla. 3d DCA 1974); and (3) in any event, the defendant, by not objecting to the admission of the identification testimony at trial, has failed to preserve this point for our review, Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978); Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978).
Affirmed.
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Blanco v. State, 452 So. 2d 520 (Fla. 1984)…inutes. We find under the totality of the circumstances that the out-of-court identification of appellant by Thalia was admissible, as was her in-court identification based on her ability to observe appellant at the crime scene. See Lecoin v. State, 418 So. 2d 336 (Fla. 3d DCA 1982). Appellant argues that the trial court erred in allowing the jury to hear certain statements he made to the police, which had been ordered suppressed be [*525] cause of Miranda violations. Appellant chose to take the stand, putti…
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Dunbar v. State, 731 So. 2d 712 (Fla. 2d DCA 1999)…fundamentally flawed. However, because defense counsel failed to object to the witnesses’ testimony regarding this identification, Dunbar has waived this issue as well. See Mustepher v. State, 419 So. 2d 656, 656 (Fla. 2d DCA 1982); Lecoin v. State, 418 So. 2d 336, 336 (Fla. 3d DCA 1982). Affirmed. PARKER, C.J., and WHATLEY, J., and DANAHY, PAUL W., (Senior) Judge, Concur.…
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Taylor v. State, 458 So. 2d 1150 (Fla. 3d DCA 1984)…te, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972); Grant v. State, 390 So. 2d 341 (Fla.1980), cert. denied, 451 U.S. 913, 101 S.Ct. 1987, 68 L.Ed.2d 303 (1981); Lecoin v. State, 418 So. 2d 336 (Fla. 3d DCA 1982). Affirmed.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grant v. State, 390 So. 2d 341 (Fla. 1980)
- Stanley v. State, 357 So. 2d 1031 (Fla. 3d DCA 1978)
- Blowers v. Williams, 360 So. 2d 1293 (Fla. 1st DCA 1978)
- Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)
- Gaines v. State, 406 So. 2d 523 (Fla. 4th DCA 1981)
- Hanks v. State, 305 So. 2d 817 (Fla. 3d DCA 1974)