STATE v. GOMEZ

No. 77-904.

363 So.2d 624 (1978)

STATE of Florida, Appellant, v. Basilio GOMEZ, Appellee.

District Court of Appeal of Florida, Third District.

October 31, 1978.


Attorney(s) appearing for the Case

Janet Reno, State's Atty. and George Volsky, Asst. State's Atty., for appellant.

Weiner, Robbins & Tunkey and Jeffrey S. Weiner, Miami, for appellee.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


HUBBART, Judge.

This is a motion to vacate judgment and sentence proceeding in a criminal case pursuant to Fla.R.Crim.P. 3.850 in the Circuit Court for the Eleventh Judicial Circuit of Florida. The trial court granted the motion, set aside the defendant's robbery conviction and sentence, and ordered a new trial on the robbery charge. The state appeals.

The central issue raised by this appeal is whether newly discovered evidence in the form of a third party...

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