Lewis v. State

JORGENSON, Judge,

specially concurring.

I agree that an affirmance is in order and that no Brady violation occurred. The appellant, Roger Dean Lewis, cites the failure of the state to share with him statements made by police officers in 1981 at the pretrial confession of Anthony J. Fernandez, a co-perpetrator of the crime for which Lewis was convicted. According to Fernandez the officers made statements to the effect that, “We don’t want you.... We want [Lewis].” This information came to light in 1984 when Fernandez gave a sworn statement to Lewis’s counsel informing him of the officers’…