ALLEN v. STATE

No. 3D00-1975.

789 So.2d 1154 (2001)

Derrick ALLEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 5, 2001.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before COPE, LEVY and RAMIREZ, JJ.


COPE, J.

The question presented by this case is whether a physical description of the perpetrator of a crime constitutes a statement "of identification of a person made after perceiving the person" within the meaning of paragraph 90.801(2)(c), Florida Statutes (1999). We conclude that the answer is yes and affirm the judgment.

I.

Defendant-appellant Allen was convicted of armed kidnapping, armed robbery, and armed car jacking. The defendant and a...

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