Florida District Courts of Appeal, 2006

Garcia v. State

Florida District Courts of Appeal · Decided February 15, 2006 · Klein, Polen, Stevenson

920 So. 2d 204; 2006 Fla. App. LEXIS 1871; 2006 WL 348330 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We reverse an order summarily denying appellant’s 3.850 motion because the affidavit of the victim could constitute newly discovered evidence which would not be barred by untimeliness.

STEVENSON, C.J., POLEN and KLEIN, JJ., concur.

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