MOLLICA v. STATE

No. 78-1756.

374 So.2d 1022 (1979)

David P. MOLLICA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 17, 1979.


Attorney(s) appearing for the Case

A.P. Gibbs of Gibbs & McAlvanah, P.A., Dade City, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

David P. Mollica appeals from his conviction for first degree murder, contending that the trial judge erred in failing to grant his motion for a new trial. The amended motion alleged newly discovered evidence in the form of recanted testimony by the sole, material prosecution witness. We hold that the denial of appellant's motion for new trial was proper and therefore affirm the final order.

Mollica and co-defendant Robert Ogden were convicted...

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