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516 So. 2d 1047

516 So.2d 1047

12 Fla.L.Weekly 2884

Montes v. State

District Court of Appeal of Florida

Decided December 15, 1987

District Court of Appeal of Florida · decided 1987-12-15

Cited by 2 later decisions — most recently April 1996

2 state decisions

Relies on Purcell v. Deli Man, Inc. · Postell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-15

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PER CURIAM.

¶1The defendant Diego Montes appeals his conviction and sentence for strong-arm robbery based on an adverse jury verdict. The sole contention on appeal is that the trial court erred in admitting in evidence, over objection, the testimony of a police officer that he put together a photographic display based on a description of the perpetrator of the robbery, because, it is urged, such testimony inferred that the identification information was obtained from a non-testifying witness whom the defendant had no opportunity to cross-examine.

¶2We disagree and affirm because it seems reasonably clear on this record that the officer received the subject description from the victim of the robbery who, in fact, testified below. In any event, the officer further testified that he arrested the defendant based on the robbery victim’s identification of the defendant from the photographic display, and at no time did he infer that the arrest was based on descriptions given to him by a non-testifying witness. Contrary to the defendant’s contention, then, Postell v. State, 398 So.2d 851 (Fla. 3d DCA), rev. denied, 411 So.2d 384 (Fla.1981), is totally inapplicable to this case.

¶3Affirmed.

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