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BUTLER v. STATE

No. 3D00-3599.

807 So.2d 88 (2001)

Herman Byron BUTLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Donna Rice Owens, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

This is an appeal of an order denying postconviction relief, after the trial court conducted an evidentiary hearing. We affirm in part and reverse in part.

The trial court found the testimony of the recanting witness and the witness' sister not to be credible. The question of whether recantation testimony is credible is a preliminary issue for the trial court. Armstrong v. State,

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