Bruno v. State

We review an order denying a Petition For Writ of Habeas Corpus that alleged *75the victim of the underlying offense — sexual activity with a child in familial or custodial authority — executed a written statement recanting her prior statements and denying that the defendant committed the crime for which he was convicted. We reverse the order denying the Petition for Writ of Habeas Corpus and remand this case to the trial court to consider the petition as a motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, and to conduct an evidentiary hearing…