Frazier v. State

District Court of Appeal of Florida

Decided October 5, 1978

District Court of Appeal of Florida · decided 1978-10-05

Relies on Von Eberstein v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-05

How this case has been cited

Cited by 7 later decisions — most recently March 1992

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Appellant challenged the eyewitness identification at his trial by way of a motion to vacate, set aside or correct sentence. (Rule 3.850, Fla.R.Crim.P.) The trial court denied the motion without an evidentiary hearing and we affirm.

¶2The testimony concerning the pre-trial line-ups and the identification at trial was properly presented to the jury for resolution. Furthermore, the issue of the sufficiency of the eyewitness identification could have been raised on direct appeal. Von Eberstein v. State, 270 So.2d 444 (Fla. 1st D.C.A. 1972).

¶3We, therefore, AFFIRM.

McCORD, C. J., and BOYER and MILLS, JJ., concur.