ON MOTION FOR CLARIFICATION
We grant Appellant Keo Nottages motion for clarification, withdraw our opinion dated August 11, 2022, and issue the following opinion in its place.
Appellant appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief based on newly discovered evidence. Appellants alleged newly discovered evidence was a co-defendants affidavit recanting the co-defendants prior trial testimony. In contrast to his trial testimony, the co-defendants affidavit stated that Appellant did not participate in the crime for which Appellant was convicted. The trial court granted an evidentiary hearing based on the affidavit, but before the hearing could take place, the co-defendant withdrew his affidavit. Due to the withdrawal, the trial court denied Appellants postconviction motion.
Rule 3.850(c) states that, “[f]or all other newly discovered evidence claims, the defendant shall attach an affidavit from any person whose testimony is necessary to factually support the defendants claim for relief.” Fla. R. Crim. P. 3.850(c). Because the co-defendant withdrew his affidavit, Appellants postconviction motion was legally insufficient. Accordingly, we find no error in the trial courts dismissal.
Affirmed.
Per Curiam.
Klingensmith, C.J., Gerber and Forst, JJ., concur.