Garcia v. State

Full title: Carlos GARCIA, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 15, 2006

920 So. 2d 204 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-3755.

February 15, 2006.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 98-20558 CF10A.

Carlos Garcia, Cross City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

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.