ZACHARY ZEMAN
v.
STATE OF FLORIDA
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A trial court's credibility determinations regarding witnesses in a rule 3.850 proceeding are not subject to appellate review and substitution of judgment.
[1] Credibility determinations made by a trial court regarding witnesses are not subject to appellate substitution of judgment and must be upheld on appeal.
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Join FLexlaw to unlock all legal intelligence“This court cannot substitute its own findings for those of the trial court, including those addressing the credibility of witnesses.”
Court's explanation of the standard of review for trial court credibility determinations
Zachary Zeman appealed an order denying his rule 3.850 motion after an evidentiary hearing. The trial court found that two newly discovered witnesses …
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PER CURIAM.
Zachary Zeman appeals an order denying his rule 3.850 motion after an evidentiary hearing. We affirm.
The trial court determined that the two newly discovered witnesses were not credible when it adopted “as its own,” the “facts, legal analyses, conclusions of law” contained in the state’s closing argument. The state’s argument centered around the lack of credibility of these two witnesses. This court cannot substitute its own findings for those of the trial court, including those addressing the credibility of witnesses. Blanco v. State, 702 So. 2d 1250, 1252 (Fla. 1997).
Affirmed.
LEVINE, C.J., WARNER and DAMOORGIAN, JJ., concur.
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Not final until disposition of timely filed motion for rehearing.