Brooks v. State
Florida District Courts of Appeal
Brooks v. State, 972 So. 2d 958 (2007)
2007 Fla. App. LEXIS 19775; 2007 WL 4352762
Orfinger, Pleus, Torpy
Brooks v. State
Opinion of the Court
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.
Reference
- Full Case Name
- Bryant Shawn BROOKS v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published