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Falagan v. State

District Court of Appeal of Florida, Second District
Mar 19, 1971
245 So. 2d 915 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-582.

March 19, 1971.

Appeal from the Criminal Court of Record for Hillsborough County, Carl C. Durrance, J.

Walter R. Talley, Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Lakeland, for appellee.


Appellant appeals his conviction of robbery. We have carefully reviewed the record and find that there was sufficient evidence to sustain a verdict of guilty. Appellant raises as error, for the first time on appeal, that he was prejudiced in the preparation of his defense since he was without assistance of counsel when he was identified in an allegedly improper police lineup prior to trial. The record on appeal does not disclose that there was any lineup held prior to trial and therefore, this court is precluded from considering this issue. However, appellant may seek proper consideration of this contention by perfecting those motions which may be directed to the trial court.

Affirmed.

PIERCE, C.J., and HOBSON and McNULTY, JJ., concur.


Summaries of

Falagan v. State

District Court of Appeal of Florida, Second District
Mar 19, 1971
245 So. 2d 915 (Fla. Dist. Ct. App. 1971)
Case details for

Falagan v. State

Case Details

Full title:BOBBY FALAGAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 19, 1971

Citations

245 So. 2d 915 (Fla. Dist. Ct. App. 1971)