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

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.

Reference

Full Case Name
Bryant Shawn BROOKS v. STATE of Florida
Cited By
3 cases
Status
Published