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

PER CURIAM.

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.

McCORD, C. J., and BOYER and MILLS, JJ., concur.

Reference

Full Case Name
Teddy Lyn FRAZIER v. STATE of Florida
Cited By
1 case
Status
Published