Smith v. State, 221 So. 2d 216

Smith v. State

221 So. 2d 216

Fla. Dist. Ct. App.

1969

Check Treatment

PER CURIAM.

The only question presented on this appeal is the sufficiency of the evidence as to the identity of the defendant-appellant. It is clear that where positive identification is made by one having an opportunity to observe the crime, an appellate court will not substitute its judgment as to the sufficiency of the identification. See Wright v. State, Fla.App.1966, 182 So.2d 264, and authorities cited therein.

Affirmed.