Puryear v. State (820 So. 2d 359, 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.