Andrews v. State

Full title: TOMMIE LEE ANDREWS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 10, 1988

533 So. 2d 851 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-320.

November 10, 1988.

Appeal from the Circuit Court for Orange County; Rom W. Powell, Judge.

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Affirmed on the authority of Andrews v. State, 533 So.2d 841 (Fla. 5th DCA 1988). We write simply to note that in addition to the DNA identification evidence, the victim here identified appellant both at a photo line-up and at trial as the perpetrator.

AFFIRMED.

DAUKSCH and DANIEL, JJ., concur.