Taylor v. State

Full title: THOMAS JAMES TAYLOR, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 17, 1984

458 So. 2d 1150 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2988.

October 30, 1984. Rehearing Denied December 17, 1984.

Appeal from Circuit Court, Dade County; Henry L. Oppenborn, Judge.

Chaykin, Karlan Jacobs and Sharon Jacobs, Coral Gables, for appellant.

Jim Smith, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

We hold that under the totality of the circumstances the identification was reliable, and there was no substantial likelihood of misidentification, even though the confrontation procedure was suggestive. We therefore affirm the judgment of conviction. Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972); 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); Lecoin v. State, 418 So.2d 336 (Fla. 3d DCA 1982).

Affirmed.