STEPHENS v. STATE

No. 1D02-2228.

829 So.2d 945 (2002)

Theodore STEPHENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 30, 2002.


Attorney(s) appearing for the Case

James T. Miller, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the summary denial of his motion for postconviction relief, through which he sought a new trial on the ground that one of the state's witnesses has since recanted her testimony. Because the trial court did not conduct an evidentiary hearing, we reverse.

Recantation evidence is considered to be a type of newly discovered evidence, and therefore, the same test applies to recantation evidence as to other types of newly discovered...

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