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Florida District Courts of Appeal, 1992

Dean v. State

Dean v. State
Florida District Courts of Appeal · Decided May 13, 1992 · Alan, Letts, Schwartz, Warner
597 So. 2d 976; 1992 Fla. App. LEXIS 5420; 1992 WL 98829 (Southern Reporter, Second Series)

Dean v. State

Dissenting Opinion

SCHWARTZ, ALAN R., Associate Judge,

dissenting.

In my judgment, the interests of justice require that a jury hear the newly discovered evidence of a person who admits committing the crime of which the appellant stands convicted. I therefore believe the trial court abused its discretion in denying his motion for new trial. See Jackson v. State, 416 So.2d 10 (Fla. 3d DCA 1982).

Opinion of the Court

PER CURIAM.

AFFIRMED.

LETTS and WARNER, JJ., concur. SCHWARTZ, ALAN R., Associate Judge, dissents with opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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