Opinion
No. 3D20-1361
11-04-2020
Shawnton D. JOHNSON, Appellant, v. The STATE of Florida, Appellee.
Shawnton D. Johnson, in proper person. Ashley Moody, Attorney General, for appellee.
Shawnton D. Johnson, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, HENDON, and LOBREE, JJ.
PER CURIAM.
Affirmed. See Jones v. State, 591 So. 2d 911 (Fla. 1991) (The evidence claimed to be newly discovered "must have been unknown by the trial court, by the party, or by counsel at the time of trial and it must appear that defendant or his counsel could not have [ascertained those facts] by the use of diligence" such as taking the witness' testimony.).