Levy v. State

Full title: ROBERT WALTER LEVY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 9, 1973

285 So. 2d 45 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-884.

November 9, 1973.

Appeal from Circuit Court, Orange County; W. Rogers Turner, Judge.

Richard L. Jorandby, Public Defender, Bruce J. Daniels, Asst. Public Defender, and Kenneth J. Scherer, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

We affirm defendant's judgment and sentence for robbery.

As concerns his Point I, addressed to the lineup identification, we do so upon authority of Fuller v. Wainwright, Fla.App. 1972, 268 So.2d 431.

As concerns his Point II, dealing with the failure of the trial judge to disqualify, we deem the allegations to be insufficient as a matter of law. Rule 3.230(d), F.R. Cr.Proc., 33 F.S.A.; Crosby v. State, Fla. 1957, 97 So.2d 181.

Affirmed.

MAGER, J., and FERRIS, JOHN G., Associate Judge, concur.