STATE v. GLOVER

No. 89-793.

564 So.2d 191 (1990)

STATE of Florida, Appellant, v. James Powell GLOVER, Appellee.

District Court of Appeal of Florida, Fifth District.

June 28, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellant.

Mark L. Horwitz of Law Offices of Mark L. Horwitz, P.A., Orlando, for appellee.


COWART, Judge.

The defendant, a twice convicted felon, charged with aggravated battery, presented only his testimony to support his claim of self defense. He was convicted and his newly obtained counsel filed a timely motion for new trial and a timely amendment to that motion. Thereafter he filed an untimely motion for leave to file a second amended motion for a new trial with an affidavit attached executed by an allegedly newly discovered witness, David DiVirgilio...

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