Haynecz v. State, 744 So. 2d 545 (Fla. 5th DCA 1999). · Go Syfert
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Haynecz v. State, 744 So. 2d 545 (Fla. 5th DCA 1999). Cases Citing This Book View Copy Cite
“t is fair to say that would have paid close attention to the robber who had a gun to head when he demanded the wallet.”
16 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Max Magic Guzman-Aviles v. State (fladistctapp, 2017-08-25)
Top citers, strongest first. 4 distinct citers.
examined Cited as authority (verbatim quote) Max Magic Guzman-Aviles v. State (3×) also: Cited as authority (rule), Cited "see"
Fla. Dist. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
t is fair to say that would have paid close attention to the robber who had a gun to head when he demanded the wallet.
discussed Cited as authority (rule) Zavion Alahad v. State of Florida (2×) also: Cited "see"
Fla. · 2023 · confidence medium
However, a show-up “[is] not unnecessarily suggestive unless the police aggravate the suggestiveness of the confrontation.” State v. Jackson, 744 So. 2d 545, 548 (Fla. 5th DCA 1999) (citing Johnson v. Dugger, 817 F.2d 726 (11th Cir. 1987)).
discussed Cited as authority (rule) ZAVION ALAHAD v. STATE OF FLORIDA (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2021 · confidence medium
“Show-ups are not unnecessarily suggestive unless the police aggravate the suggestiveness of the confrontation.” State v. Jackson, 744 So. 2d 545, 548 (Fla. 5th DCA 1999) (emphasis in original).
discussed Cited as authority (rule) Jenkins v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2012 · confidence medium
But show-ups are not invalid “unless the police aggravate the suggestiveness of the confrontation,” State v. Jackson, 744 So.2d 545, 548 (Fla. 5th DCA 1999), or the procedure “give[s] rise to [a] substantial likelihood of irreparable misidentification under the totality of circumstances.” Cromartie, 419 So.2d at 759 .
Michael HAYNECZ
v.
STATE of Florida
No. 98-1686.
District Court of Appeal of Florida, Fifth District.
Oct 20, 1999.
744 So. 2d 545
Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Farmer, Gross, Gunther.
Published
PER CURIAM.

The defendant appeals his guilty pleas and sentences for burglary and possession of burglary tools. We affirm in all respects, except we reverse the defendant’s sentences and remand for re-sentencing.

The defendant asserts the trial court improperly enhanced his sentences under the Criminal Street Gang Prevention Act, section 874.04, Florida Statutes (1997). The Florida Supreme Court has recently declared section 874.04 violates substantive due process, thereby rendering it unconstitutional. See State v. O.C., Case No. 94,-513, — So.2d -, 1999 WL 731661 (Fla. Sept. 16, 1999). Because the trial court enhanced the defendant’s sentences pursuant to section 874.04, we reverse and remand for re-sentencing.

AFFIRMED in part, REVERSED in part, and REMANDED.

GUNTHER, FARMER and GROSS, JJ., concur.