Insignares v. State, 3D01-2649.
| Decision Date | 11 June 2003 |
| Docket Number | No. 3D01-2649.,3D01-2649. |
| Citation | 847 So.2d 1063 |
| Parties | Mitchel Andre INSIGNARES, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for Appellant.
Charles J. Crist, Jr., Attorney General, and Marni A. Bryson, Assistant Attorney General, for Appellee.
Before GREEN and RAMIREZ, JJ., and NESBITT, Senior Judge.
Mitchel Andre Insignares appeals his convictions for attempted first degree murder using a deadly weapon, discharging a firearm in public, and criminal mischief. We reverse the conviction for criminal mischief and affirm the remaining convictions.
Prior to trial, Insignares filed a motion to suppress the show-up identifications by the victims as unduly suggestive and any subsequent identifications as tainted. The trial court conducted an evidentiary hearing on the motion at which it heard testimony from the victims, two police detectives, Insignares, and Insignares' mother. The trial court concluded that the victims had ample opportunity to observe Insignares during the commission of the crimes, gave accurate descriptions of the perpetrator, and were certain in their identification of Insignares as the perpetrator. No more than three to five hours elapsed between the crimes and the identifications. We find that the motion to suppress the show-up identifications was properly denied.
A show-up identification is not invalid if it does not give rise to an irreparable likelihood of misidentification. "The factors to be considered in evaluating the likelihood of misidentification `include the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.'" State v. Hernandez, 841 So.2d 469, 472 (Fla. 3d DCA 2002); see also Henry v. State, 519 So.2d 84, 86 (Fla. 4th DCA 1988)
().
At the evidentiary hearing, Insignares argued that his participation in the show-up identification was the result of an illegal seizure of his person. However, Insignares testified that he consented to going outside with the detective in order to clear up the...
To continue reading
Request your trial
-
Insignares v. Sec'y
...the state appellate court reversed Insignares's criminal-mischief conviction but otherwise affirmed. Insignares v. State, 847 So.2d 1063, 1064 (Fla.Dist.Ct.App.2003) (per curiam). The appellate court's mandate issued on July 14, 2003. On August 18, 2003, the state judge vacated the criminal......
-
Sanchez v. State, 5D04-2234.
...and 3) the injury or damage was inflicted willfully and maliciously. § 806.13, Fla. Stat. (2004); see also Insignares v. State, 847 So.2d 1063, 1064 (Fla. 3d DCA 2003) (acknowledging that the offense of criminal mischief requires that the defendant intend to damage the property of another);......
-
M.H. v. State, 3D05-1357.
...was insufficient evidence that the ill will or malice was in any way redirected from the clerk to the telephone); Insignares v. State, 847 So.2d 1063 (Fla. 3d DCA 2003)(reversing conviction for criminal mischief based upon insufficient intent to damage the property of another; holding that ......
-
H.F. v. State, 3D05-1706.
...malice toward the person of the owner of the property is not enough to support a conviction for criminal mischief); Insignares v. State, 847 So.2d 1063 (Fla. 3d DCA 2003); In Interest of J.G., 655 So.2d 1284 (Fla. 4th DCA 1995); cf. M.H. v. State, No. 3D05-1357, ___ So.2d ___, 2006 WL 86097......