Levy v. State

District Court of Appeal of Florida

Decided November 9, 1973

District Court of Appeal of Florida · decided 1973-11-09

Relies on 97 So. 2d 181 - Crosby v. State · 268 So. 2d 431 - Fuller v. Wainwright

Decided 1973-11-09

WALDEN, Judge.

¶1We affirm defendant’s judgment and sentence for robbery.

¶2As concerns his Point I, addressed to the lineup identification, we do so upon authority of Fuller v. Wainwright, Fla.App. 1972, 268 So.2d 431.

¶3As concerns his Point II, dealing with the failure of the trial judge to disqualify, we deem the allegations to be insufficient as a matter of law. Rule 3.230(d), F.R. Cr.Proc., 33 F.S.A.; Crosby v. State, Fla. 1957, 97 So.2d 181.

¶4Affirmed.

MAGER, J., and FERRIS, JOHN G., Associate Judge, concur.