ANTONE LAMAR EVANS, A/K/A MARCO PACE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Antone Lamar Evans appeals his conviction for armed robbery. He contends that the police utilized an unnecessarily suggestive identification procedure when they showed the victim a photographic lineup of six photographs. We conclude that the trial court correctly denied the motion to suppress the photographic lineup results. “Although police indicated the suspect was in the photo lineup ... there is no indication that officers directed [the victim’s] attention to any particular photograph.” Green v. State, 641 So. 2d 391, 394 (Fla.1994) (citations omitted); Thomas v. State, 748 So. 2d 970, 981 (Fla.1999). The fact that the photo lineup took place four years after the crime, and that the victim had a limited time in which to view the persons who robbed him, is an issue to be considered by the jury in deciding what weight to give the identification testimony, but does not render the identification procedure unduly suggestive.
Affirmed.
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State v. Styles, 962 So. 2d 1031 (Fla. 3d DCA 2007)…aphic array was not suggestive where the police told the victim “[w]he have six pictures we want you to look at. We have a suspect within these six pictures. You can take as long as you want ... and if you can’t identify him, fine”); Evans v. State, 781 So. 2d 493, 493 (Fla. 3d DCA 2001)(“ ‘[although police indicated the suspect was in the photo lineup ... there is no indication that officers directed [the victim’s] attention to any particular photograph.’ ” (quoting Green, 641 So. 2d at 394)). Here, certior…
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State v. Francois, 863 So. 2d 1288 (Fla. 4th DCA 2004)…t unnecessarily suggestive, we do not consider the second aspect of the test quoted above. Id. at 316. There are substantial questions about the reliability of the identification; however those questions are for a jury to decide. See Evans v. State, 781 So. 2d 493 (Fla. 3d DCA 2001). The order suppressing the out-of-court identification is quashed and the ease is remanded to the circuit court for further proceedings. GROSS, TAYLOR and MAY, JJ., concur.…
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State v. Jones, 849 So. 2d 438 (Fla. 3d DCA 2003)…391 (Fla.1994)(police did not use unnecessarily suggestive procedure where there is no indication officers directed witnesses’ attention to particular photograph), cert. denied, 513 U.S. 1159, 115 S.Ct. 1120, 130 L.Ed.2d 1083 (1995); Evans v. State, 781 So. 2d 493 (Fla. 3d DCA 2001)(same). Therefore, we hold that the procedure employed in obtaining the out-of-court identification was not unnecessarily suggestive. Accordingly, the trial court erred in granting the suppression motion on this basis. III. Conclu…
Authorities Cited
- Thomas v. State, 748 So. 2d 970 (Fla. 1999)
- Crosley Alexander Green v. State, 641 So. 2d 391 (Fla. 1994)