Brooks v. State
Cases that cite this one
3 later published cases cite this decision.
- Hall v. State (Fla. Dist. Ct. App. 2009)
- Burton v. State (Fla. Dist. Ct. App. 2009)
- State v. Cook (Fla. Dist. Ct. App. 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.