Burns v. State
Burns v. State
Opinion of the Court
Kevin Lee Burns challenges the summary denial of his postconviction motion for extraordinary relief. Because the motion presented claims involving allegedly newly discovered evidence, the postconviction court properly considered it pursuant to Florida Rule of Criminal Procedure 3.850.
A claim of newly discovered evidence must be filed within two years from the date the evidence could have been discovered with the exercise of due diligence. Fla. R. Crim. P. 3.850(b)(1); see Bolender v. State, 658 So.2d 82, 85 (Fla.
Based on this facial insufficiency, the postconviction court denied Burns’ motion. However, when claims in a postcon-viction motion are facially insufficient, the postconviction court should strike them with leave to amend
Reversed and remanded.
. Burns filed his claim pursuant to Florida Rule of Juvenile Procedure 8.140. However, his juvenile cases were transferred to circuit court, and he pleaded to an overall sentence as a youthful offender to six years’ prison suspended in lieu of six years’ probation. The claims raised in the motion were not cognizable under rule 8.140.
. If Bums can in good faith file an amended motion, he must provide factual specifics to support any allegation that the claims were raised within two years from the date the evidence could have been discovered with the use of due diligence. He must also allege facts in support of any allegation that it would be a manifest injustice not to allow him to withdraw his plea.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.