Opinion
No. 3D04-3178.
February 16, 2005. Rehearing Denied June 10, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Diane Ward, Judge.
Ike Hester, in proper person.
Charles J. Crist, Jr., Attorney General, for appellee.
Before COPE, RAMIREZ and WELLS, JJ.
Ike Hester appeals an order denying his motion for postconviction relief, asserting the existence of newly discovered evidence. We have taken judicial notice of this court's file in Hester v. State, 763 So.2d 333 (Fla. 3d DCA 2000). As the trial court's order explained, there were two separate shootings in close proximity. Assuming for purposes of discussion that the affidavit of Russell Williams could be viewed as newly discovered evidence, the affidavit does not contradict the State's evidence and may, in fact, corroborate it.
Affirmed.