BURTON v. STATE

No. 2D08-5279.

23 So.3d 873 (2009)

Christopher K. BURTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 2009.


Attorney(s) appearing for the Case

Christopher K. Burton, pro se.


SILBERMAN, Judge.

Christopher K. Burton seeks review of the order dismissing his motion for postconviction relief which was filed pursuant to Florida Rule of Criminal Procedure 3.850. Burton's motion alleged newly discovered evidence in the form of witness recantation testimony. Because the postconviction court erroneously determined that such a claim must be accompanied by a sworn witness affidavit, we reverse and remand for reconsideration of the claim on the merits...

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