Cobb v. State

Full title: GEORGE CLIFTON COBB, IV, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Apr 24, 2020

Case No. 5D19-3235 (Fla. Dist. Ct. App. Apr. 24, 2020)

Opinion

Case No. 5D19-3235

04-24-2020

GEORGE CLIFTON COBB, IV, Appellant, v. STATE OF FLORIDA, Appellee.

George Clifton Cobb, IV, Raiford, pro se. Ashley Moody, State Attorney, Tallahassee, and Kaylee D. Tatman, Assistant State Attorney, Daytona Beach, For Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 3.850 Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge. George Clifton Cobb, IV, Raiford, pro se. Ashley Moody, State Attorney, Tallahassee, and Kaylee D. Tatman, Assistant State Attorney, Daytona Beach, For Appellee. PER CURIAM.

AFFIRMED. ORFINGER and EDWARDS, JJ., concur. EISNAUGLE, J., dissents with opinion. EISNAUGLE, J., dissenting.

I would reverse the summary denial of Appellant's newly discovered evidence claim and remand for the postconviction court to make credibility determinations at an evidentiary hearing. See, e.g., Nordelo v. State, 93 So. 3d 178, 187-88 (Fla. 2012) (holding an evidentiary hearing was required on newly discovered evidence claim concerning proposed exculpatory testimony of a codefendant); Grays v. State, 246 So. 3d 520, 521-22 (Fla. 5th DCA 2018) (holding defendant was entitled to an evidentiary hearing on newly discovered evidence claim concerning affidavit from fellow prison inmate admitting to committing crimes for which defendant had been convicted).