RANDY WASHINGTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Randy Washington appealed the denial of his motion to vacate his 1993 murder conviction based on alleged newly discovered evidence—a recantation by key witness Victor Dozier. The court affirmed the trial court's denial because Washington could not locate Dozier to present his testimony at an evidentiary hearing.
The trial court properly denied the motion because it was undisputed that the defendant could not locate Dozier and therefore could not present his testimony at an evidentiary hearing.
[1] A motion to vacate judgment and sentence based on newly discovered evidence under Florida Rule of Criminal Procedure 3.850 may be properly denied if the movant cannot pre…
[2] A trial court may permit a defendant to petition for relief if a previously unlocatable witness is subsequently found.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because it was undisputed that the defendant could not locate Dozier, and therefore, could not present his testimony at an evidentiary hearing, we find that the trial court properly denied the defendant's motion.”
The court's primary rationale for affirming the denial—absence of the witness precluded the necessary evidentiary hearing.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWashington was convicted in 1993 of first degree murder and attempted first degree murder, with his conviction affirmed on direct appeal. In April 200…
The full statement of facts, procedural history, and disposition for this case are member content.
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ROTHENBERG, J.
The defendant, Randy Washington, appeals the denial of his motion to vacate his judgment and sentence based on newly discovered evidence filed under Florida Rule of Criminal Procedure 3.850. We affirm.
In 1993, this Court affirmed the defendant’s convictions and sentences for first degree murder and attempted first degree murder. Washington v. State, 619 So. 2d 318 (Fla. 3d DCA 1993). In April 2003, the defendant filed the instant rule 3.850 motion asserting that a State witness, Victor Dozier, had recanted his trial testimony, attaching Dozier’s unsworn “declaration” that his trial testimony identifying the defendant as the person who shot the victims was not true.
At a hearing conducted on November 28, 2005, the defendant informed the trial court that he was not able to locate Dozier who is homeless. The defendant’s counsel also submitted detailed timesheets prepared by Ms. Rogers, who had unsuccess fully attempted to locate Dozier. On March 29, 2006, the trial court entered an order denying the defendant’s rule 3.850 motion, and this appeal ensued.1
Because it was undisputed that the defendant could not locate Dozier, and therefore, could not present his testimony at an evidentiary hearing, we find that the trial court properly denied the defendant’s motion. Accordingly, we affirm the trial court’s order denying the defendant’s rule 3.850 motion seeking to vacate his judgment and sentence based on newly discovered evidence.
Affirmed.
. At the hearing, the trial court agreed that the defendant may "petition the Court if [Ms. Rogers] ever locates [Dozier].”
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