Kohler v. State
The Fourth District held that the trial court erred by admitting a deputy's testimony that the victim identified the defendant as the driver, because the State never questioned the victim about that specific statement, meaning she was not 'subject to cross-examination concerning the statement' as required by section 90.801(2)(c). The court nonetheless affirmed, finding the error harmless given independent circumstantial evidence and the defendant's own incriminating statements on patrol-car video.
Key facts
- Kohler was charged with a DUI-related offense; the State presented a deputy's testimony recounting that the victim had identified Kohler as the driver, but the State never questioned the victim about that specific identification statement during direct examination.
- The trial court admitted the deputy's hearsay testimony without establishing that the victim was subject to cross-examination concerning the out-of-court identification statement.
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Why it matters
This opinion gives criminal practitioners a clear, citable articulation of what satisfies the 'subject to cross-examination concerning the statement' prong of the prior-identification hearsay exception under section… — full analysis with a trial
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