State v. Carter

MOORE, Judge.

Appellee was charged with the crime of perjury under Section 837.02(1), Florida Statutes (1977) as the result of testimony given on deposition in a civil trial. Pursuant to Fla.R.Crim.P. 3.190(c)(4) the defendant filed a motion to dismiss the information on the basis that the defendant had recanted the alleged false statement. The trial court granted the motion to dismiss and the State appeals that order. We disagree with the trial court and reverse.

One Carrie Brunson was allegedly injured in an automobile accident on June 20, 1975. She was treated by the appellee, T. R. Carter,…