STATE v. MARK MARKS, P.A.

Nos. 4D01-4622, 4D02-658.

833 So.2d 249 (2002)

STATE of Florida, Appellant, v. MARK MARKS, P.A., and Carl Borgan, Appellees.

District Court of Appeal of Florida, Fourth District.

December 26, 2002.


Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee, and Richard L. Polin, Senior Assistant Attorney General, Miami, for appellant.

H. Dohn Williams, Jr., and Irene Porter of Hicks, Anderson & Kneale, P.A., Miami, for appellees.


GROSS, J.

The issue in this case is whether criminal defendants charged as principals in the perjury of another are entitled to the benefits of the defense contained at section 837.07, Florida Statutes (Supp.1990), when the actual perjurer recants his testimony. We hold that the statutory defense applies to such defendants and affirm the order of dismissal entered by the circuit court.

Appellees Mark Marks and Carl Borgan were attorneys accused of multiple...

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