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366 So. 2d 1223

Black v. State

District Court of Appeal of Florida

Decided January 30, 1979

District Court of Appeal of Florida · decided 1979-01-30

Relies on Manson v. Brathwaite

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-30

How this case has been cited

Cited by 24 later decisions — most recently October 2010

24 state decisions

11019791980199020002010decided

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.

¶1The appellant was charged in the trial court by information with kidnapping and robbery. He filed a “Motion to Compel [Identification] Line-Up” and, thereafter, filed a “Motion to Suppress Identification” seeking to suppress testimony pertaining to his identification, on the ground that a photographic line-up was unnecessarily suggestive. After hearing, the trial court denied each motion.

¶2Thereupon, the defendant pled nolo con-tendere to the charges contained in the information and reserved the right to appeal the rulings of the trial court upon the above motions.

¶3Our review of the record in light of the oral argument and briefs shows that the testimony of the police officer who presented the photographic line-up was sufficient basis for the court to find that the line-up was not unduly suggestive. See the reasoned opinion of Mr. Justice Blackmun in Manson v. Brathwaite, 432 U.S. 98, 114-117, 97 S.Ct. 2243, 2253-2254, 53 L.Ed.2d 140, 154-155 (1977).

¶4Accordingly, the judgment and sentence are affirmed.

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