STATE v. CARTER

No. 77-2438.

364 So.2d 1249 (1978)

STATE of Florida, Appellant, v. T.R. CARTER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 27, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Barry Krischer, Asst. State's Atty., West Palm Beach, for appellant.

David Roth and Michael A. Nugent of Cone, Owen, Wagner, Nugent, Johnson & McKeown, P.A., West Palm Beach, for appellee.


MOORE, Judge.

Appellee was charged with the crime of perjury under Section 837.02(1), Florida Statutes (1977) as the result of testimony given on deposition in a civil trial. Pursuant to Fla.R.Crim.P. 3.190(c)(4) the defendant filed a motion to dismiss the information on the basis that the defendant had recanted the alleged false statement. The trial court granted the motion to dismiss and the State appeals that order. We disagree with the trial court and reverse...

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