JOSEPH R. WATTS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-11-01
No. 19-1059
Beamer, J., Lambert, J., Eisnaugle, J., Grosshans, J.
Florida District Court of Appeal, Fifth District (2019)

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Holding

A postconviction motion alleging newly discovered evidence cannot be summarily denied unless the record conclusively refutes the claim.


Headnotes

[1] A postconviction motion alleging newly discovered evidence may not be summarily denied unless the record conclusively refutes the claim; if the record does not conclusive…

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Facts & Procedural History

Joseph R. Watts filed a postconviction motion alleging newly discovered evidence. The trial court summarily denied the motion.…

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Opinion of the Court
Grosshans

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JOSEPH R. WATTS,

Appellant,

v. Case No. 5D19-1059

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed November 1, 2019

3.850 Appeal from the Circuit Court for Orange County, Denise Kim Beamer, Judge.

Joseph R. Watts, Blountstown, pro se.

No Appearance for Appellee.

PER CURIAM.

Appellant, Joseph R. Watts, appeals the summary denial of his postconviction motion alleging newly discovered evidence, arguing that the record does not conclusively refute his claim. We agree. See, e.g., Floyd v. State, 202 So. 3d 137, 138 (Fla. 2d DCA 2016). We therefore remand for the trial court to attach records that conclusively refute Appellant’s claim or to hold an evidentiary hearing. REVERSED AND REMANDED for further proceedings. LAMBERT, EISNAUGLE and GROSSHANS, JJ., concur.


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