JOSE BRUNO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jose Bruno appealed the denial of his petition for writ of habeas corpus based on a victim's written recantation of prior statements claiming he did not commit the crime of sexual activity with a child. The court reversed and remanded, holding that the petition should be treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 with an evidentiary hearing required.
The court reversed the order denying the habeas petition and remanded the case to the trial court to treat the petition as a motion for postconviction relief under rule 3.850 and to conduct an evidentiary hearing regarding the victim's written recantation statement.
[1] A petition for writ of habeas corpus alleging a victim's recantation of testimony should be treated as a motion for postconviction relief.
[2] A trial court must conduct an evidentiary hearing on a motion for postconviction relief when the motion alleges a victim's written statement recanting prior testimony.
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Join FLexlaw to unlock all legal intelligence“We reverse the order denying the Petition for Writ of Habeas Corpus and remand this case to the trial court to consider the petition as a motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, and to conduct an evidentiary hearing regarding the victim's written statement.”
States the court's holding and the appropriate procedure for the trial court on remand
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Join FLexlaw to unlock all legal intelligenceBruno was convicted of sexual activity with a child in familial or custodial authority. After conviction, the victim executed a written statement reca…
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We review an order denying a Petition For Writ of Habeas Corpus that alleged *75the victim of the underlying offense — sexual activity with a child in familial or custodial authority — executed a written statement recanting her prior statements and denying that the defendant committed the crime for which he was convicted. We reverse the order denying the Petition for Writ of Habeas Corpus and remand this case to the trial court to consider the petition as a motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, and to conduct an evidentiary hearing regarding the victim’s written statement. See Doby v. State, 25 So.3d 598 (Fla. 2d DCA 2010) (explaining why defendant’s petition for habeas corpus was properly treated by trial court as a motion under rule 3.850); Watts v. State, 985 So.2d 21, 22 (Fla. 2d DCA 2008) (“Therefore, the circuit court should have treated Watts’ petition as a motion for postconviction relief, despite its improper title.” (citing Bixler v. State, 971 So.2d 934, 935 (Fla. 2d DCA 2007) (holding that circuit court should have treated the habeas petition as a motion for postconviction relief); Valdez-Garcia v. State, 965 So.2d 318, 319 (Fla. 2d DCA 2007) (noting that where defendant filed petition for ha-beas corpus in circuit court in which he was convicted, court should have treated petition as a motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850))), review denied, 4 So.3d 678 (Fla.2009); Curtis v. State, 870 So.2d 186, 186 (Fla. 2d DCA 2004); Harris v. State, 789 So.2d 1114, 1115 (Fla. 1st DCA 2001).
REVERSED AND REMANDED.
MONACO, C.J., SAWAYA and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Barnard v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001)
- Doby v. State, 25 So. 3d 598 (Fla. 2d DCA 2009)
- Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)
- Watts v. State, 985 So. 2d 21 (Fla. 2d DCA 2008)
- Bixler v. State, 971 So. 2d 934 (Fla. 2d DCA 2007)
- Curtis v. State, 870 So. 2d 186 (Fla. 2d DCA 2004)
- Howard v. State, 870 So. 2d 186 (Fla. 1st DCA 2004)