McPhee v. State

Full title: ROBERT EUGENE McPHEE, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 23, 2002

804 So. 2d 612 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D00-1657

Opinion filed January 23, 2002.

An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Lower Tribunal No. 99-8936.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and John D. Barker, Assistant Attorney General, for appellee.

Before GREEN, SHEVIN and RAMIREZ, JJ.

PER CURIAM.

Affirmed. See Perez v. State, 648 So.2d 715, 719 (Fla. 1995) ("[A] show-up is not invalid if it does not give rise to a substantial likelihood of irreparable misidentification given the totality of the circumstances."); State v. Meyers, 708 So.2d 661 (Fla. 3d DCA 1998) (violent career criminal sentence mandatory absent determination that violent career criminal classification unnecessary for public's protection).