TERRENCE WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the defendant’s conviction for robbery with a firearm upon holdings that (1) assuming, arguendo, that the physical line-up procedure employed by the police was unnecessarily suggestive, this procedure did not give rise to a substantial likelihood of irreparable misidentification of the defendant under the circumstances of this case, see Grant v. State, 390 So. 2d 341 (Fla.1980); and (2) the denial of the defendant’s in-trial motion for a continuance was not a palpable abuse of discretion, see Jent v. State, 408 So. 2d 1024 (Fla.1981), cert. denied, 457 U.S. 1111, 102 S.Ct. 2916, 73 L.Ed.2d 1322 (1982), where the motion was made to procure the attendance of an alibi witness who had not been subpoenaed by the defense and whose testimony at best would be cumulative, see Durcan v. State, 350 So. 2d 525 (Fla. 3d DCA 1977).
Affirmed.
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Citator
Cited By
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Ashley v. State, 522 So. 2d 1028 (Fla. 3d DCA 1988)…trial court erred by (1) refusing to suppress certain eyewitness identification testimony which the defendant claims was the result of an impermissi-bly suggestive show up, see Taylor v. State, 458 So. 2d 1150 (Fla. 3d DCA 1984); Williams v. State, 438 So. 2d 936 (Fla. 3d DCA 1983); (2) instructing the jury that the defendant’s flight upon his arrest could be considered in assessing his guilt, see Bundy v. State, 471 So. 2d 9 (Fla.1985); and (3) arguably sentencing the defendant to seven years’ imprisonment…
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Garrison v. State, 590 So. 2d 23 (Fla. 2d DCA 1991)…er with violence are affirmed. There was no abuse of discretion in the trial court’s denial of defendant’s motion to continue the trial because a defense witness did not appear as expected. The witness had not been subpoenaed. See Williams v. State, 438 So. 2d 936, 937 (Fla. 3d DCA 1983). RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.…
Authorities Cited
- Jent v. State, 408 So. 2d 1024 (Fla. 1981)
- Grant v. State, 390 So. 2d 341 (Fla. 1980)
- Brown v. Fed. Election Comm'n, 457 U.S. 1111 (U.S. 1982)
- Oregon v. Newman, 457 U.S. 1111 (U.S. 1982)
- Nelly Aparicio v. The Protective Nat'l Ins. Co. of Omaha, 350 So. 2d 525 (Fla. 3d DCA 1977)
- Durcan v. State, 350 So. 2d 525 (Fla. 3d DCA 1977)