Burton v. State

SILBERMAN, Judge.

Christopher K. Burton seeks review of the order dismissing his motion for post-conviction relief which was filed pursuant to Florida Rule of Criminal Procedure 3.850. Burton’s motion alleged newly discovered evidence in the form of witness recantation testimony. Because the post-conviction court erroneously determined that such a claim must be accompanied by a sworn witness affidavit, we reverse and remand for reconsideration of the claim on the merits. See Butler v. State, 946 So.2d 30, 31 (Fla. 2d DCA 2006); Keen v. State, 855 So.2d 117, 118 (Fla. 2d DCA 2003); Smith v.…