Frazier v. State
Florida District Courts of Appeal
Frazier v. State, 362 So. 2d 1048 (1978)
1978 Fla. App. LEXIS 16674
Boyer, McCord, Mills
Frazier v. State
Opinion of the Court
Appellant challenged the eyewitness identification at his trial by way of a motion to vacate, set aside or correct sentence. (Rule 3.850, Fla.R.Crim.P.) The trial court denied the motion without an evidentiary hearing and we affirm.
The testimony concerning the pre-trial line-ups and the identification at trial was properly presented to the jury for resolution. Furthermore, the issue of the sufficiency of the eyewitness identification could have been raised on direct appeal. Von Eberstein v. State, 270 So.2d 444 (Fla. 1st D.C.A. 1972).
We, therefore, AFFIRM.
Reference
- Full Case Name
- Teddy Lyn FRAZIER v. STATE of Florida
- Cited By
- 1 case
- Status
- Published