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Leatherwood v. State

Florida Court of Appeal, Third District

November 23, 2011

Larry LEATHERWOOD, Appellant,
v.
The STATE of Florida, Appellee.

Rehearing Denied Dec. 28, 2011.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Luis Garcia, Judge.

Larry Leatherwood, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, C.J., and CORTIñAS and EMAS, JJ.

WELLS, Chief Judge.

Larry Leatherwood appeals an order summarily denying his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 without an evidentiary hearing. On appeal from a summary denial, this court must reverse unless the post-conviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Because the record before us fails to make the required showing with respect to Leatherwood's two claims based on the alleged recantation of a trial witness' testimony (newly discovered evidence of witness recantation and presentation of false testimony), we reverse the order on appeal for the attachment of record excerpts conclusively showing that the appellant is not entitled to relief, or for an evidentiary hearing.[1]See Fla. R.App. P. 9.141(b)(2)(D). We ...


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