Staples v. State

District Court of Appeal of Florida

Staples v. State

831 So. 2d 756, 2002 Fla. App. LEXIS 17163, 2002 WL 31557959

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 2002

DocketNo. 4D02-63

StatusPublished

This text of 831 So. 2d 756 (Staples v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Staples v. State, 831 So. 2d 756, 2002 Fla. App. LEXIS 17163, 2002 WL 31557959 (Fla. Ct. App. 2002).

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Opinion

CORRECTED OPINION

PER CURIAM.

The opinion issued in this case on September 25, 2002 is withdrawn, and the following opinion is substituted in its place.

We reverse an order summarily denying appellant’s rule 3.850 motion post-conviction relief for an evidentiary hearing on the second ground of appellant’s motion, concerning a witness named Rodriguez. We disagree with the state that the purported testimony of Rodriguez would necessarily be inadmissable under the rape shield statute, 794.022, Florida Statutes (1995). Lewis v. State, 591 So.2d 922 (Fla.1991).

KLEIN, GROSS and TAYLOR, JJ., concur.

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