Lee v. State, 93-1621

Decision Date12 April 1994
Docket NumberNo. 93-1621,93-1621
Citation635 So.2d 128
Parties19 Fla. L. Weekly D819 Raymond LEE, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Lucrecia R. Diaz, Asst. Atty. Gen., for appellee.

Before BARKDULL, COPE and GERSTEN, JJ.

PER CURIAM.

Appellant seeks review of a trial court order denying a motion to suppress an out of court identification following a nolo contendere plea preserving the right of review of said order.

A police officer, who was on his way to a narcotics stakeout, was caught in heavy traffic in Coconut Grove. While the officer was creeping along in traffic a man stepped out into the street two cars ahead of him, bringing traffic to a sudden halt. As traffic stopped, a second man walked up to one of the cars which had been forced to stop. This man made a throwing motion, appeared to reach into the car and struggle, then stood up and ran toward the officer's car. The man had a large white purse in his hands. The man then turned and ran down an alley with his back to the officer. The officer gave chase in his car and then on foot. The man hurdled a fence at the end of the alley and the officer had to end his chase. The officer radioed a description of the fleeing man to the narcotics team, which was in the area, and they immediately set up a perimeter. Within a matter of seconds the narcotics team saw defendant running through the neighborhood, and minutes later defendant was in custody. Defendant was wearing blue jeans and a white tank top, he had been seen carrying a white purse, and a white purse was recovered from the roof top where he was arrested. The officer who witnessed the robbery, on his own initiative, went to the site of the arrest and identified defendant. Defendant moved to suppress this identification on the ground that the officer's identification was tainted by the effects of an impermissible identification procedure. The officer testified that he had witnessed the robbery from about fifteen to twenty feet away, that he watched the robbery take place, that it happened quickly, that he kept his eyes on the defendant the whole time, that defendant ran right at him, that defendant looked right at him, that defendant turned and ran down an alley, that he chased defendant down the alley in his car, that there was a fence at the end of...

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4 cases
  • Walker v. State, 4D99-740.
    • United States
    • Florida District Court of Appeals
    • 13 Diciembre 2000
    ...discretion of the trial court and the decision should be overturned only upon a showing of abuse of discretion. See Lee v. State, 635 So.2d 128, 130 (Fla. 3d DCA 1994). In the instant case, the trial court's denial of Appellant's Motion to Suppress was not an abuse of discretion. The trial ......
  • Kenrick v. Coleman, 96-1015
    • United States
    • Florida District Court of Appeals
    • 18 Septiembre 1996
    ... ... Paul Coleman served a complaint for damages against James Cornelius Kenrick, a nonresident motor vehicle operator, on the Florida Secretary of State pursuant to sections 48.161 and 48.171, Florida Statutes (1993). However, Coleman did not send Kenrick notice of service of process and a copy of ... ...
  • Johnson v. State, 97-1939
    • United States
    • Florida District Court of Appeals
    • 9 Octubre 1998
    ...See Bailey v. State, 717 So.2d 1096, 23 FLW D2154 (Fla. 5th DCA 1998); State v. Burns, 661 So.2d 842 (Fla. 5th DCA 1995); Lee v. State, 635 So.2d 128 (Fla. 3d DCA 1994). W. SHARP, HARRIS and ANTOON, JJ., ...
  • Alfonso v. State
    • United States
    • Florida District Court of Appeals
    • 26 Junio 2019
    ...discretion of the trial court and the decision should be overturned only upon a showing of abuse of discretion."); Lee v. State, 635 So. 2d 128, 130 (Fla. 3d DCA 1994) ("The decision to admit an out of court identification was within the sound discretion of the trial court."). The court has......

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