Florida District Courts of Appeal, 2006

Blackwell v. State

Blackwell v. State
Florida District Courts of Appeal · Decided December 22, 2006 · Orfinger, Thompson, Torpy
944 So. 2d 538; 2006 Fla. App. LEXIS 21452; 2006 WL 3750135 (Southern Reporter, Second Series)

Blackwell v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Fitzpatrick v. State, 900 So.2d 495, 517-18 (Fla. 2005) (holding that the test for suppression of an out-of-court identification is (i) whether the police used an unnecessarily suggestive procedure to obtain the out-of-court identification; and (ii) if so, considering all the circumstances, whether the suggestive procedure gave rise to a substantial likelihood of irreparable misidentifieation).

THOMPSON, ORFINGER and TORPY, JJ., concur.

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