RICHARD MARLOWE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RICHARD MARLOWE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
797 So. 2d 647
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the order denying the motion for postconviction relief filed by defendant-appellant Richard Marlowe. We concur with the trial court that the affidavits relied on by the defendant do not qualify as newly discovered evidence. We note that at the time the defendant entered his pleas, the defendant admitted not once, but twice, that he had committed the charged crimes. Further, as noted by the trial court, the affidavits do not actually exculpate defendant from culpability in the charged crimes. Finally, the affidavits relied on by the defendant apply to only one of the two cases on which he entered his pleas. We find no error in the order denying postconviction relief.
Affirmed.
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Marlowe v. State, 860 So. 2d 1075 (Fla. 3d DCA 2003)…PER CURIAM. These are further proceedings in Marlowe v. State, 797 So. 2d 647 (Fla. 3d DCA 2001). When the appeal was initially brought, defendant-appellant Marlowe was represented by counsel who filed an appearance. However, counsel never filed a brief. As this was an appeal from the summary denial of a motion for postconvic…