HERNANDEZ v. STATE

No. 77-2158.

368 So.2d 606 (1979)

Orlando HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 5, 1979.


Attorney(s) appearing for the Case

Orlando Hernandez, in pro. per.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

Petitioner, Orlando Hernandez, appeals the summary denial of his motion to vacate judgment and sentence pursuant to Fla.R. Cr.P. 3.850. We reverse.

For the second ground in his motion to vacate, Hernandez alleged that the prosecutor knowingly used the perjured testimony of the victim and the investigating police officers with respect to material matters.

The law is well established that the willful use of false testimony upon material matters...

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