Brooks v. State

Full title: Bryant Shawn BROOKS, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 22, 2008

972 So. 2d 958 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D07-925.

December 14, 2007. Rehearing Denied January 22, 2008.

3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

Bryant Shawn Brooks, Lowell, pro se.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

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.