Brooks v. State
972 So. 2d 958, 2007 Fla. App. LEXIS 19775, 2007 WL 4352762
District Court of Appeal of Florida·Decided December 14, 2007·No. No. 5D07-925·Published·Cited by 3 cases
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Brooks v. State, 972 So. 2d 958, 2007 Fla. App. LEXIS 19775, 2007 WL 4352762 (Fla. Ct. App. 2007).
972 So. 2d 958 (Brooks v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Burton v. State
23 So. 3d 873 (District Court of Appeal of Florida, 2009)
Hall v. State
11 So. 3d 1002 (District Court of Appeal of Florida, 2009)
State v. Cook
972 So. 2d 958 (District Court of Appeal of Florida, 2007)