DIEGO MONTES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The 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.
We 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.
Affirmed.
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Herrera v. State, 546 So. 2d 1170 (Fla. 3d DCA 1989)…PER CURIAM. The defendant’s conviction for armed robbery is affirmed on the authority of Montes v. State, 516 So. 2d 1047 (Fla. 3d DCA 1987). Nonetheless, the defendant’s sentence must be reversed and the case remanded for proper sentencing because it was erro [*1171] neous to factor in the additional offense of possession of a firearm by a convicted felon which had…
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Knight v. State, 567 So. 2d 556 (Fla. 3d DCA 1990)…[*557] PER CURIAM. Affirmed. Montes v. State, 516 So. 2d 1047 (Fla. 3d DCA 1987).…
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Suarez v. State, 671 So. 2d 273 (Fla. 3d DCA 1996)…Cir.1987), cert. denied, 488 U.S. 934, 109 S.Ct. 329, 102 L.Ed.2d 346 (1988); Hardwick v. State, 521 So. 2d 1071 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 185, 102 L.Ed.2d 154 (1988); State v. Sheperd, 479 So. 2d 106 (Fla.1985); Montes v. State, 516 So. 2d 1047 (Fla. 3d DCA 1987).…
Authorities Cited
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)