PURYEAR v. STATE

No. 4D99-3580.

774 So.2d 846 (2000)

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

District Court of Appeal of Florida, Fourth District.

December 27, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Margaret Good-Earnest, and Damon E. Amedeo, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

A jury found Kevin Puryear guilty of robbery, as a lesser included offense of robbery with a weapon. We write to address one issue—whether the victim's out-of-court descriptions of her assailant shortly after the robbery were admissible as non-hearsay under section 90.801(2)(c), Florida Statutes (1999), as statements of "identification of a person," where the victim testified at trial and was subject to cross-examination.

Sixteen-year-old...

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