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972 So. 2d 958

Brooks v. State

District Court of Appeal of Florida

Decided December 14, 2007

District Court of Appeal of Florida · decided 2007-12-14

Cited by 3 later decisions — most recently November 2013

3 state decisions

Relies on 943 So. 2d 946 - Moss v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-12-14

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PER CURIAM.

¶1The 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).

¶2AFFIRMED WITHOUT PREJUDICE.

PLEUS, ORFINGER and TORPY, JJ., concur.
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