BRYANT SHAWN BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRYANT SHAWN BROOKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
972 So. 2d 958
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 3 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. McGILL, 125 So. 3d 343 (Fla. 5th DCA 2013)…er, the good faith exception can apply to preclude suppression of evidence secured pursuant to an invalid warrant, even where the reviewing court determines that the facts in the affidavit do not demonstrate probable cause. See, e.g., State v. Cook, 972 So. 2d 958, 959-60 (Fla. 5th DCA 2007) (explaining that good faith exception applied where “the sole debate ... is over the. existence of probable cause” and where there was no indication that affidavit contained misrepresentations or omitted information); Sta…
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Hall v. State, 11 So. 3d 1002 (Fla. 4th DCA 2009)…orn affidavit or letter from the eyewitness Kenya Shaw which does not contain any disclaimer that the information in it is true and correct to the best of his information or belief. Moss v. State, 943 So. 2d 946 (Fla. 4th DCA 2006); Brooks v. State, 972 So. 2d 958 (Fla. 5th DCA 2007). WARNER, TAYLOR and CIKLIN, JJ„ concur.…
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Burton v. State, 23 So. 3d 873 (Fla. 2d DCA 2009)…and for reconsideration of the claim on the merits. See Butler v. State, 946 So. 2d 30, 31 (Fla. 2d DCA 2006); Keen v. State, 855 So. 2d 117, 118 (Fla. 2d DCA 2003); Smith v. State, 837 So. 2d 1185, 1186 (Fla. 4th DCA 2003). But see Brooks v. State, 972 So. 2d 958, 958 (Fla. 5th DCA 2007) (affirming summary denial of rule 3.850 motion based on failure to include sworn statement of witness who had allegedly recanted); Moss v. State, 943 So. 2d 946, 948 (Fla. 4th DCA 2006) (holding that un-sworn letter attached…
Authorities Cited
- Moss v. State, 943 So. 2d 946 (Fla. 4th DCA 2006)