STALLWORTH v. STATE

No. 1D09-3182.

21 So.3d 84 (2009)

Michael STALLWORTH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 14, 2009.


Attorney(s) appearing for the Case

Michael Stallworth, pro se, Appellant.

Bill McCollum, Attorney General, Jennifer J. Moore, and Ian M. Cotner, Assistant Attorneys General, Tallahassee, for Appellee.


PER CURIAM.

Appellant challenges the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 seeking postconviction relief. Because we conclude that appellant's allegations warrant an evidentiary hearing, we reverse.

Appellant alleges that the court found he violated probation by committing the new offense of battery on his wife. He alleges, further, that following the probation violation hearing, his wife recanted her testimony...

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