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State v. Willingham

District Court of Appeal of Florida, Fourth District
Mar 19, 1997
689 So. 2d 1266 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-0537

Opinion filed March 19, 1997

Petition for writ of certiorari to the Circuit Court of the Nineteenth Judicial Circuit, St. Lucie County; Ben L. Bryan, Jr., Judge; L.T. Case No. 96-2665 CFAB.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for petitioner.

No appearance for respondent.


We grant the state's petition for writ of certiorari and quash the order granting the defendant's motion to require the victim to participate in a pretrial line up identification. The victim of a crime cannot be compelled to appear at live lineup and identify the person who committed offenses in absence of compelling reasons. State v. Ray, 604 So.2d 1249 (Fla. 4th DCA), rev. denied, 613 So.2d 8 (Fla. 1992). We agree with the state that the record does not disclose circumstances that would warrant a lineup in this case.

GLICKSTEIN, POLEN and SHAHOOD, JJ., concur.


Summaries of

State v. Willingham

District Court of Appeal of Florida, Fourth District
Mar 19, 1997
689 So. 2d 1266 (Fla. Dist. Ct. App. 1997)
Case details for

State v. Willingham

Case Details

Full title:STATE OF FLORIDA, Petitioner, v. CHARLES WILLINGHAM, Respondent

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 19, 1997

Citations

689 So. 2d 1266 (Fla. Dist. Ct. App. 1997)