¶1Montgomery appeals from a denial of his motion for post-conviction relief, after the trial court conducted an evidentiary hearing. He claimed newly discovered evidence entitled him to a new trial because Anton Gardner, his nephew and a state witness, had recanted the testimony he gave at trial. We affirm.
¶2The standard for reviewing recantation of testimony as grounds for a new trial is to deny relief unless the trial court is satisfied the recantation testimony is true. State v. Spaziano, 692 So.2d 174, 177 (Fla. 1997); Armstrong v. State, 642 So.2d 730, 735 (Fla.1994). In this case it was alleged
¶3We also find Montgomery’s other claims to be without merit.
¶4AFFIRMED.
¶5. There was no transcript of this hearing, but the parties agreed upon certain facts on appeal.
¶6. These claims were: that the trial court erred in permitting testimony of an unidentified witness which was contrary to evidence presented at trial, or that his conviction rested on uncorroborated evidence; that he was denied due process when the trial judge allowed the case to go to the jury absent any evidence other than that given by Gardner; and that he was denied his Sixth Amendment right to effective assistance of counsel by defense counsel's failure to sufficiently investigate Gardner to detect his perjury.