SC05-1847 – Rickey Roberts, A/K/A Less McCullars v. State of Florida

State: Florida

Docket No: SC05-1847

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC05-1847 ____________ RICKEY ROBERTS, a/k/a LESS McCULLARS, Appellant, vs. STATE OF FLORIDA, Appellee. [May 29, 2008] REVISED OPINION PER CURIAM. Rickey Roberts appeals a trial court order denying his second motion for postconviction relief following an evidentiary hearing. 1 The issue is whether the trial court erred in denying Roberts' claim that the State's failure to disclose favorable information to the defense requires reversal of his conviction. For the reasons that follow, we affirm the trial court's order.

1. We previously affirmed the trial court's order vacating Roberts' death sentence and granting a new sentencing proceeding, see Roberts v. State, 840 So. 2d 962, 967 (Fla. 2002), but remanded to afford Roberts an opportunity to compel the testimony of Rhonda Haines, a State witness who recanted her trial testimony by affidavit. We have jurisdiction. See art. V,

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