Johnson v. State

Full title: Carl Johnson, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Sep 4, 2019

278 So. 3d 323 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D19-1439

09-04-2019

Carl JOHNSON, Appellant, v. The STATE of Florida, Appellee.

Carl Johnson, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Carl Johnson, in proper person.

Ashley Moody, Attorney General, for appellee.

Before SALTER, MILLER and GORDO, JJ.

PER CURIAM. Affirmed. Fla. R. Crim. P. 3.850(b)(1) (A claim of newly discovered evidence must be brought "within [two] years of the time the new facts were or could have been discovered with the exercise of due diligence."); see Johnston v. State, 27 So. 3d 11, 18 (Fla. 2010) ("[T]he evidence must not have been known by the trial court, the party, or counsel at the time of trial, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence."); Davis v. State, 26 So. 3d 519, 526 (Fla. 2009) (same); see also Berry v. State, 175 So. 3d 896, 897 (Fla. 3d DCA 2015) (affirming denial of post-conviction relief where defendant failed to establish that the newly discovered evidence was unknown to defendant, his counsel and the court at trial and could not have been discovered within the two-year period through the exercise of due diligence).