Florida District Courts of Appeal, 1971

Scott v. State

Scott v. State
Florida District Courts of Appeal · Decided October 26, 1971 · Cross, Owen, Walden
253 So. 2d 454 (Southern Reporter, Second Series)

Scott v. State

Opinion of the Court

PER CURIAM.

We have carefully examined the briefs and record-on-appeal in this case, oral argument having been waived. We find no reversible error.

In particular, we do not find the out-of-court photographic identification of defendant by the victim to be violative of the due process standards set forth in Simmons v. United States, 1968, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247. See also Jenkins v. State, Fla.App.1969, 228 So.2d 114.

The decision appealed from is, therefore, affirmed.

Affirmed.

WALDEN, CROSS and OWEN, JJ., concur.

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