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Vaughan v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jun 23, 2017
220 So. 3d 1277 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D17–316

06-23-2017

Marshall S. VAUGHAN, Appellant, v. STATE of Florida, Appellee.

Marshall S. Vaughan, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


Marshall S. Vaughan, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Marshall Vaughan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

Vaughan pleaded nolo contendere to felony battery and was placed on five years of drug offender probation. About six months later, Vaughan violated his probation and was sentenced to ten years in prison. Vaughan then timely filed a motion for postconviction relief, asserting, among other things, a claim of newly discovered evidence. The postconviction court summarily denied relief, concluding that the evidence—an affidavit from a recanting witness—was not newly discovered because it was in Vaughan's possession after his original plea, but before he pleaded to the violation of probation.

Vaughan's newly discovered evidence claim should have been measured from when he entered his original plea, not the subsequent violation of probation proceeding. Thus, we reverse and remand to the postconviction court for further consideration.

REVERSED and REMANDED for further proceedings.

ORFINGER, LAMBERT and EDWARDS, JJ., concur.


Summaries of

Vaughan v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jun 23, 2017
220 So. 3d 1277 (Fla. Dist. Ct. App. 2017)
Case details for

Vaughan v. State

Case Details

Full title:MARSHALL S. VAUGHAN, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: Jun 23, 2017

Citations

220 So. 3d 1277 (Fla. Dist. Ct. App. 2017)