LUCIOUS STRINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant failed to demonstrate error in the order denying an evidentiary hearing and post-conviction relief.
Appellant, convicted of attempted robbery, sought an evidentiary hearing to show the state knowingly used perjured testimony. The trial court denied t…
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Appellant seeks reversal of an order denying an evidentiary hearing and post-conviction relief. Appellant, who was convicted of attempted robbery after a jury trial, sought an evidentiary hearing for the purpose of showing that at his trial the state made knowing use of perjured testimony.
We have considered the briefs and the record on appeal filed therein and upon full consideration thereof it is our view that appellant has failed to demonstrate error in the order reviewed herein and the same must be accordingly affirmed.
In order for a movant to be entitled to an evidentiary hearing pursuant to Cr.P.R. 1.-850, 33 F.S.A., where the use of perjured testimony is alleged as a basis therefor, the movant is required to allege in his petition the knomng use of perjured testimony (i. e. the state prosecuting officials were aware of the falsity of the alleged perjured testimony) and such allegations must be supported by sufficient documentary evidence or affidavits to this effect. Conyers v. State, Fla.App.1968, 215 So.2d 616, cert. den. Fla., 222 So.2d 749; Gammage v. State, Fla.App.1964, 162 So.2d 529. See also Austin v. State, Fla.App.1964, 160 So.2d 730; Brown v. State, Fla.App.1964, 163 So.2d 335; Hall v. State, Fla.App.1964, 162 So.2d 324; Gilliard v. State, Fla.App.1965, 171 So.2d 902; Buchanan v. State, Fla.App.1966, 184 So.2d 225; Smith v. United States, 9 Cir. 1958, 259 F.2d 125; 24 U. of M.L.Rev. 218 (1970).
Appellant’s motion fails to meet this test. Accordingly, the order appealed from is affirmed.
Affirmed.
CROSS, C. J., and WALDEN, J., concur.
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Citator
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Bohn v. State, 354 So. 2d 1233 (Fla. 3d DCA 1978)…ining grounds 3 and 4, we note that these allegations are unsupported as the reports are not attached to the motion and there are no affidavits of anyone who read the reports to the effect that they are erroneous or distorted. See Stringer v. State, 246 So. 2d 136 (Fla. 4th DCA 1971). In addition, a reading of the transcript of the sentencing hearing reflects that the judge was aware that Bohn had no previous convictions, and there was no mention of any prior convictions. Last, the same judge who adjudicated…
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Barber v. State, 257 So. 2d 581 (Fla. 4th DCA 1971)…to allege that the prosecutor knew the testimony was perjured at the time it was presented in court. While this omission would have justified the trial court in denying appellant an evidentiary hearing on the motion, Stringer v. State, Fla.App.1971, 246 So. 2d 136, nonetheless, the trial court did grant appellant a hearing at which appellant was present with counsel and presented evidence in support of his motion. In the order denying the motion the court stated that it would be unnecessary for it to determin…
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Sandsbury LEE v. State, 258 So. 2d 845 (Fla. 2d DCA 1972)…PER CURIAM. Affirmed. See Buchanan v. State, Fla.App. 3d 1966, 184 So. 2d 225, and Stringer v. State, Fla.App. 4th 1971, 246 So. 2d 136. Oral argument is dispensed with. F.A.R. 3.10, subd. e, 32 F.S.A. HOBSON, Acting C. J., and MANN and McNULTY, JJ., concur.…
Authorities Cited
- Austin v. State, 160 So. 2d 730 (Fla. 2d DCA 1964)
- Bruce Hinson Gammage and Larry v. Gysin, 162 So. 2d 529 (Fla. 3d DCA 1964)
- Smith v. United States, 259 F.2d 125 (9th Cir. 1958)
- Buchanan v. State, 184 So. 2d 225 (Fla. 3d DCA 1966)
- Gerald "Pops" Brown v. State, 163 So. 2d 335 (Fla. 3d DCA 1964)
- Conyers v. State, 215 So. 2d 616 (Fla. 3d DCA 1968)
- Gilliard v. State, 171 So. 2d 902 (Fla. 2d DCA 1965)
- Hall v. State, 162 So. 2d 324 (Fla. 3d DCA 1964)
- Higgins v. State, 222 So. 2d 749 (Fla. 1969)