HENZEL v. STATE

No. 77-2631.

390 So.2d 397 (1980)

Leo HENZEL, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 8, 1980.


Attorney(s) appearing for the Case

Michael J. Osman, and Robert M. Duboff, Miami, for petitioner.

Jim Smith, Atty. Gen., and Steven L. Bolotin, Asst. Atty. Gen., for respondent.

Before HUBBART, C.J., and HENDRY and DANIEL S. PEARSON, JJ.


HUBBART, Chief Judge.

The central issue presented for review is whether a trial court's alleged failure to recall accurately certain testimony prior to rendering a verdict in a non-jury criminal trial constitutes a legally sufficient ground to set aside a subsequently entered criminal conviction and sentence on a petition for a writ of error coram nobis. We hold that such an alleged failure to recall testimony cannot constitute a valid ground for coram nobis relief...

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