Florida District Courts of Appeal, 1987

Smith v. State

Florida District Courts of Appeal · Decided January 7, 1987 · Dell, Letts, Walden

501 So. 2d 657; 1987 Fla. App. LEXIS 6230 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Smith (Fla. 1989)

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.

We reverse the order denying appellant’s motion to suppress identification upon au*658thority of Sobczak v. State, 462 So.2d 1172 (Fla. 4th DCA 1984).

Reversed and Remanded.

LETTS, DELL and WALDEN, JJ., concur.

070rehearing

ON MOTIONS FOR REHEARING, STAY AND CERTIFICATION

BY ORDER OF THE COURT:

ORDERED that the Appellee s January 15, 1987 Motion for Rehearing is denied.

ORDERED that the Appellee’s January 15, 1987 Motion to Stay Mandate is granted.

ORDERED that Appellee’s January 15, 1987 motion to certify question is granted; the following question is certified to the Supreme Court of Florida:

WHETHER, PRIOR TO THE INITIATION OF FORMAL ADVERSARY JUDICIAL PROCEEDINGS IN THE FORM OF AN INDICTMENT OR INFORMATION, AN ACCUSED HAS A CONSTITUTIONAL RIGHT TO COUNSEL AT A COMPELLED LINEUP?

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