Weston v. State

RAWLS, Judge.

Appellant appeals from a judgment of conviction of sexual battery upon a person 11 years of age or under.1 The only issue posed by appellant that merits our consideration is whether the trial court erred in not granting a new trial upon the proffer of newly discovered evidence.

The basic facts are: At trial, the victim, a minor female child under the age of 11 years, testified as to appellant’s repeated sexual attacks upon her. Subsequent to appellant’s conviction, affidavits of the minor victim and her mother,2 recanting the trial testimony of the victim,3 were submitted to the…