CURTIS EUGENE HARRELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-02-10
No. 98-490
Before JORGENSON, LEVY, and SHEVIN, JJ.
728 So. 2d 284 Florida District Court of Appeal, Third District (1999) Negative Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no merit in the appellant’s argument that the show-up identification was defective. See Grant v. State, 390 So. 2d 341 (Fla.1980). Notwithstanding the appellant’s argument to the contrary, the state’s evidence prior to the show-up identification was clearly sufficient to establish probable cause in support of the appellant’s arrest so that even if we were to find merit in the appellant’s argument, it would not taint the rest of the state’s evidence. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). See also State v. Cortez, 705 So. 2d 676 (Fla. 3d DCA 1998).

Affirmed.


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  • King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005)
    …om our prior opinions in Anderson v. State, 886 So. 2d 430 (Fla. 2d DCA 2004); Smeltz v. State, 818 So. 2d 538 (Fla. 2d DCA 2002); Jackson, 801 So. 2d 212; Coblentz, 775 So. 2d 359; State v. Colley, 744 So. 2d 1172 (Fla. 2d DCA 1999); Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999); and Angell, 712 So. 2d 1132. [*234] To avoid any confusion, we explain that a sexual predator designation (1) may be imposed or modified after sentencing without regard to the time limits established in rule 3.800(c), see Collie,…
  • Moreland Nicholson v. State, 846 So. 2d 1217 (Fla. 5th DCA 2003)
    …ction or a timely Rule 3.800(b) motion. In this case, however, given the State’s concession that the designation was erroneous, we herewith strike it. [*1220] Sexual predator designation STRICKEN. PALMER and TORPY, JJ., concur. . In Wade v. State, 728 So. 2d 284, 285 (Fla. 2d DCA 1999), the court found Rule 3.800 [*1219] inapplicable, but nevertheless reversed the designation, apparently concluding that preservation was not required. . Kelly v. State, 795 So. 2d 135, 138 (Fla. 5th DCA 2001). This court has…
  • Lowery v. State, 98 So. 3d 163 (Fla. 1st DCA 2012)
    …ses that occurred prior to October 1, 1993, the effective date of the Sexual Predator Act. See § 775.21(4)(a), Fla. Stat. (1994) (stating that sexual predator act applies for a “current offense committed on or after October 1, 1993”); Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999) (“Because Wade’s offenses were committed prior to October 1, 1993, we conclude that he did not meet the criteria for a sexual predator designation.”). The trial court noted that the information alleged the crimes took place betwee…

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