LIFTON ROBINSON, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2006-04-04
No. 1D06-0697
BARFIELD, BROWNING and THOMAS, JJ., concur.
929 So. 2d 549 Florida District Court of Appeal, First District (2006) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DENIED. Fla. R.App. P. 9.141(c)(4)(B).

BARFIELD, BROWNING and THOMAS, JJ., concur.


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  • Barrow v. State, 940 So. 2d 1235 (Fla. 5th DCA 2006)
    …, 915, 916 (Fla.1991)) (emphasis added). Here, without an evidentiary hearing, the second prong of Johnson goes woefully unaddressed. In concluding that an evidentiary hearing is warranted, we have not overlooked our holding in MacFarland v. State, 929 So. 2d 549 (Fla. 5th DCA 2006). In Mac-Farland, the defendant alleged that newly discovered evidence would exonerate him and attached the affidavit of John Wright, who claimed that he, not MacFarland, had committed the offenses. After an eviden-tiary hearing,…
  • Morales v. State, 988 So. 2d 705 (Fla. 3d DCA 2008)
    …ORE THE MOTION TO WITHDRAW PLEA? We also affirm the portion of the order which denied the claim alleging newly discovered evidence. We concur with the trial court that the evidence did not qualify as being newly discovered. See MacFarland v. State, 929 So. 2d 549 (Fla. 5th DCA 2006). To the extent that the defendant is alleging that his trial counsel was ineffective at the time of the plea in 1996, the claim is time-barred. Affirmed; question certified.…
  • Bell v. State, 943 So. 2d 294 (Fla. 4th DCA 2006)
    …PER CURIAM. Affirmed. See MacFarland v. State, 929 So. 2d 549 (Fla. 5th DCA 2006). GUNTHER, GROSS and MAY, JJ., concur.…

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