Liscinsky v. State

STONE, Chief Judge.

Appellant’s conviction for burglary is affirmed. The trial court did not err by allowing an officer to testify that a witness to the crime identified Appellant, by name, as the perpetrator at the initial investigation immediately following the incident. Such testimony is not hearsay when the identifying witness is before the court and testifies to that effect at trial. See § 90.801(2), Fla. Stat. (1995). See also Power v. State, 605 So.2d 856, 862 (Fla.1992); Harrell v. State, 647 So.2d 1016 (Fla. 4th DCA 1994).

We have considered our language in Stanford v. State, 576 So.2d…