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PURYEAR v. STATE
District Court of Appeal of Florida, Fourth District.
Apr 24, 2002
EN BANC ON MANDATE FROM THE SUPREME COURT
PER CURIAM.
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 Ward-law. 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.
POLEN, C.J., GUNTHER, STONE, WARNER, FARMER, KLEIN, STEVENSON, SHAHOOD, GROSS, TAYLOR, HAZOURI and MAY, JJ., concur.
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