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DIAZ v. STATE

No. 75-1643.

335 So.2d 574 (1976)

Secundino DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 10, 1976.

Attorney(s) appearing for the Case

Manners & Amoon and Harold Mendelow, Albert L. Carricarte, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Secundino Diaz was charged by indictment with second degree murder. Upon entering a plea of guilty he was found guilty as charged. Before sentence was entered, however, defense counsel filed a motion to withdraw the guilty plea on the basis of newly discovered evidence, and to proceed with a jury trial. After entertaining defense counsel's proffer of the newly discovered evidence, the court requested and heard the testimony of the newly discovered witness...

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