Brooks v. State (972 So. 2d 958, 2007)

PER CURIAM.

The lower court’s order summarily denying Appellant’s Rule 3.850 motion is affirmed because Appellant failed to furnish a sworn statement from the victim who allegedly recanted. Our decision to affirm is without prejudice so that Appellant may file a new Rule 3.850 motion with a sworn affidavit or letter from the victim recanting her testimony with particularity. Moss v. State, 943 So.2d 946 (Fla. 4th DCA 2006).

AFFIRMED WITHOUT PREJUDICE.

PLEUS, ORFINGER and TORPY, JJ., concur.