Russell v. State

WALLACE, Judge.

Marvin D. Russell appeals from an order summarily denying his three-claim postconviction motion filed on July 15, 2010, under Florida Rule of Criminal Procedure 8.850. We affirm without further comment as to claims two and three. As for claim one, we affirm but on a basis different from the one relied on by the postconviction court. See, e.g., Gillis v. State, 32 So.3d 681, 682 (Fla. 2d DCA 2010).

In his postconviction motion, Russell alleged newly discovered evidence in the form of a January 20, 2010, affidavit in which the victim recanted her original allegations. See, e.g.,…