MONTGOMERY v. STATE

No. 5D01-2626.

826 So.2d 531 (2002)

Richard Lee MONTGOMERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 27, 2002.


Attorney(s) appearing for the Case

Richard L. Montgomery, Polk City, pro se.

No Appearance for Appellee.


SHARP, W., J.

Montgomery appeals from a denial of his motion for post-conviction relief, after the trial court conducted an evidentiary hearing. He claimed newly discovered evidence entitled him to a new trial because Anton Gardner, his nephew and a state witness, had recanted the testimony he gave at trial. We affirm.

The standard for reviewing recantation of testimony as grounds for a new trial is to deny relief unless the trial court is satisfied the recantation...

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