State v. Alvarez

Full title: THE STATE OF FLORIDA, APPELLANT, v. ALBERTO ALVAREZ, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 6, 1990

557 So. 2d 681 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1710.

March 6, 1990.

An Appeal from the Circuit Court for Dade County; Ursula Ungaro, Judge.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.

PER CURIAM.

Appellant, State, appeals an order granting appellee, Alberto Alvarez's motion to suppress an eyewitness identification. We affirm the order of the trial court. We find the record supports the trial court's ruling that the photographic display of Alvarez was unnecessarily suggestive and gave rise to a substantial likelihood of irreparable misidentification in violation of Alvarez's due process rights under the federal and Florida Constitutions. See Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Grant v. State, 390 So.2d 341 (Fla. 1980), cert. denied, 451 U.S. 913, 101 S.Ct. 1987, 68 L.Ed.2d 303 (1981); Henry v. State, 519 So.2d 84 (Fla. 4th DCA 1988).

Affirmed.