PURYEAR v. STATE (2002)

District Court of Appeal of Florida,Fourth District.

Kevin PURYEAR, Appellant, v. STATE of Florida, Appellee.

No. 4D99-3580.

Decided: April 24, 2002

Carey Haughwout, Public Defender, and Margaret Good Earnest, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

EN BANC ON MANDATE FROM THE SUPREME COURT

In Puryear v. State, 810 So.2d 901 (Fla.2002), the supreme court held that section 90.801(2), Florida Statutes (2000), did not authorize victim Amy Deese's out-of-court descriptions of her assailant to Danny Cratsenberg and Detective Rhonda Wardlaw. This was a close case on the issue of identification. We cannot therefore say that the admission of this testimony was harmless error. Appellant's robbery conviction is reversed and the case is remanded for a new trial.

PER CURIAM.

POLEN, C.J., GUNTHER, STONE, WARNER, FARMER, KLEIN, STEVENSON, SHAHOOD, GROSS, TAYLOR, HAZOURI and MAY, JJ., concur.

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