Danny Blackwell v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 DANNY BLACKWELL, Appellant, v. Case No. 5D05-4441 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 22, 2006 Appeal from the Circuit Court for St. Johns County, J. Michael Traynor, Judge. James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Fitzpatrick v. State, 900 So. 2d 495, 517-18 (Fla. 2005) (holding that the test for suppression of an out-of-court identification is (i) whether the police used an unnecessarily suggestive procedure to obtain the out-of-court identification; and (ii) if so, considering all the circumstances, whether the suggestive procedure gave rise to a substantial likelihood of irreparable misidentification). THOMPSON, ORFINGER and TORPY, JJ., concur.

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