SIDNEY ANTHONY JONES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
The decision of the District Court of Appeal, First District, in Jones v. State, 383 So. 2d 1092 (Fla. 1st DCA 1980), is quashed on the authority of Carter v. State, 384 So. 2d 1255 (Fla.1980).
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD and McDONALD, JJ., concur. ALDERMAN, J., dissents with an opinion.
ALDERMAN, Justice,
dissenting.
I dissent to the quashing of the district court’s decision for the reasons stated in my dissent in Carter v. State, 384 So. 2d 1255 (Fla.1980). I would approve the decision of the district court affirming Jones’s perjury conviction and holding:
Although Brannen [Brannen v. State, 94 Fla. 656, 114 So. 429 (1927)] does not specifically require that the recantation be voluntary — done without knowledge that the perjury has been uncovered and the truth known — the requirement is implicit in the rationale underlying the decision. If the recantation is not voluntary, it would be of little use in discovering the truth, since the truth is already known or known to be available through other sources.
Jones v. State, 383 So. 2d 1092, 1093 (Fla. 1st DCA 1980).
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Ferrell v. State, 29 So. 3d 959 (Fla. 2010)…sented evidence of one at the evidentiary hearing—an August 1979 judgment of conviction and sentence for perjury. However, the State demonstrated that this conviction was overturned by this Court ten years before Ferrell’s trial. See Jones v. State, 400 So. 2d 12 (Fla.1981). Therefore, the conviction could not have been used to impeach Jones. Because Ferrell presented no other evidence to substantiate his allegations, this claim must fail. Juan Brown Juan Brown is the third witness Ferrell claims trial cou…
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P.P. v. State, 466 So. 2d 1140 (Fla. 3d DCA 1985)…fficer, but those dates were, in fact, retracted before the officer made out his arrest report. Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So. 2d 12 (Fla.1981); Carter v. State, 384 So. 2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656, 114 So. 429 (1927); State v. Snipes, 433 So. 2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any “fal…
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- Raiford Brannen v. State, 94 Fla. 656 (Fla. 1927)
- Carter v. State, 384 So. 2d 1255 (Fla. 1980)
- Jones v. State, 383 So. 2d 1092 (Fla. 1st DCA 1980)