Clemmons v. State, 1 So. 3d 1256 (Fla. 4th DCA 2009). · Go Syfert
Clemmons v. State, 1 So. 3d 1256 (Fla. 4th DCA 2009). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Cited for
At page 1256 cited at this page2 citing cases
  • Norman J. Thompson v. State of Florida, 273 So. 3d 1069 (Fla. 1st DCA 2019).published
    Clemmons v. State, 1 So. 3d 1256, 1256 (Fla. 4th DCA 2009).
  • Howard v. State, 17 So. 3d 774 (Fla. 2d DCA 2009).published
    See Clemmons v. *777 State, 1 So.3d 1256, 1256 (Fla. 4th DCA 2009).
Other citing cases1 with no pin cite or quoted language on record
  • Hall v. State, 85 So. 3d 1116 (Fla. 4th DCA 2012).published 2 cites
Retrieving the full opinion text from the archive…
Derrick CLEMMONS, Appellant,
v.
STATE of Florida, Appellee
4D08-4486.
District Court of Appeal of Florida, Fourth District.
Feb 11, 2009.
Published opinion
1 So. 3d 1256
2009 Fla. App. LEXIS 1114
2009 WL 321652
Derrick Clemmons, Perry, pro se., No appearance required for appellee.
Warner, Taylor, Hazouri.
Cited by 3 opinions  |  Published
PER CURIAM.

Derrick Clemmons appeals an order that summarily denies his motion for postconviction relief filed pursuant to Florida Rule of Criminal procedure 3.850. We affirm the summary denial of appellant’s second ground of his motion without discussion. Appellant’s first ground alleges that the prosecutor knowingly presented false testimony against him at trial. This is known as a Giglio 1 violation. “To establish a Giglio violation, it must be shown that: (1) the testimony given was false; (2) the prosecutor knew the testimony was false; and (3) the statement was material.” Guzman v. State, 868 So.2d 498, 505 (Fla. 2003) (citing Ventura v. State, 794 So.2d 553, 562 (Fla.2001)). Appellant has failed to sufficiently allege a Giglio violation in his postconviction motion or initial brief; thus, his claim is facially insufficient. However, appellant was not given an opportunity to amend this claim pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). Therefore, we reverse the summary denial of appellant’s first ground and remand for the postconviction court to strike the claim with leave to amend.

Affirmed in Part; Reversed in Part; and Remanded.

WARNER, TAYLOR and HAZOURI, JJ., concur.
1

. Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed,2d 104 (1972).