STATE v. PEAK

No. 80-2489.

406 So.2d 477 (1981)

The STATE of Florida, Appellant, v. Parker Charles PEAK, Jr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 16, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellant.

Philip Carlton, Jr., Miami, and Thomas Wills, Coral Gables, for appellee.

Before HENDRY and FERGUSON, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


PER CURIAM.

On the record before us, we cannot conclude, as contended by appellant, that the court abused its discretion in determining that the recanting of testimony of a material witness who had testified while under the influence of four valium pills, allegedly with the knowledge of the prosecutor, created serious doubt as to the integrity of the trial and warranted the granting of an evidentiary hearing and new trial on the defendant's motion for post-conviction...

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