Ludwig v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAVID MICHAEL LUDWIG, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________ ) ) ) ) ) ) ) ) ) ) Case No. 2D13-3726 Opinion filed December 17, 2014. Appeal from the Circuit Court for Charlotte County; Amy R. Hawthorne, Judge. Clyde M. Taylor III of Taylor & Taylor, PA, St. Augustine, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. MORRIS, Judge. David Michael Ludwig appeals his judgments and sentences for two counts of attempted robbery with a weapon and one count of robbery with a weapon. We reject Ludwig's argument that the trial court failed to consider the merits of his motion to suppress which he raised for the first time during trial, and we hold that the trial court did not abuse its discretion in admitting the evidence of lineup identifications made by the victims. See Hayes v. State, 581 So. 2d 121, 125 (Fla. 1991) (applying abuse of discretion standard to trial court's decision to admit pretrial photo identification). Affirmed. NORTHCUTT and WALLACE, JJ., Concur. -2-

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