Florida District Courts of Appeal, 2007

Brooks v. State

Brooks v. State
Florida District Courts of Appeal · Decided December 14, 2007 · Orfinger, Pleus, Torpy
972 So. 2d 958; 2007 Fla. App. LEXIS 19775; 2007 WL 4352762 (Southern Reporter, Second Series)

Brooks v. State

Opinion of the Court

PER CURIAM.

The lower court’s order summarily denying Appellant’s Rule 3.850 motion is affirmed because Appellant failed to furnish a sworn statement from the victim who allegedly recanted. Our decision to affirm is without prejudice so that Appellant may file a new Rule 3.850 motion with a sworn affidavit or letter from the victim recanting her testimony with particularity. Moss v. State, 943 So.2d 946 (Fla. 4th DCA 2006).

AFFIRMED WITHOUT PREJUDICE.

PLEUS, ORFINGER and TORPY, JJ., concur.

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