Florida District Courts of Appeal, 1978

Frazier v. State

Florida District Courts of Appeal · Decided October 5, 1978 · Boyer, McCord, Mills

362 So. 2d 1048; 1978 Fla. App. LEXIS 16674 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bagley v. Brierton (Fla. Dist. Ct. App. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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