DIAMOND v. STATE

No. 69-438.

233 So.2d 418 (1970)

Allen Richard DIAMOND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 30, 1970.


Attorney(s) appearing for the Case

Leroy H. Moe and Joseph A. Varon, of Varon & Stahl, Hollywood, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Appellant filed a motion to vacate judgment and sentence under Rule 1.850 CrPr, 33 F.S.A. on the grounds of newly discovered evidence. This appeal is from the order denying such motion.

The newly discovered evidence was a written statement given to the police by one Gruosso, the driver of the car in which appellant was a passenger at the time the police stopped the car and placed both Gruosso and appellant under arrest on the charge of possession...

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