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Puryear v. State

District Court of Appeal of Florida, Fourth District
Apr 24, 2002
820 So. 2d 359 (Fla. Dist. Ct. App. 2002)

Summary

holding that erroneous introduction of out-of-court description by victim of assailant was not harmless where close case on issue of identification

Summary of this case from English v. State

Opinion

No. 4D99-3580.

April 24, 2002.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Paul L. Backman, J.

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 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.


Summaries of

Puryear v. State

District Court of Appeal of Florida, Fourth District
Apr 24, 2002
820 So. 2d 359 (Fla. Dist. Ct. App. 2002)

holding that erroneous introduction of out-of-court description by victim of assailant was not harmless where close case on issue of identification

Summary of this case from English v. State
Case details for

Puryear v. State

Case Details

Full title:KEVIN PURYEAR, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 24, 2002

Citations

820 So. 2d 359 (Fla. Dist. Ct. App. 2002)

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