DEAN v. STATE

No. 91-0946.

597 So.2d 976 (1992)

Sherman DEAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 13, 1992.


Attorney(s) appearing for the Case

Ellis S. Rubin of Rubin, Rubin & Rubin, P.A., Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

AFFIRMED.

LETTS and WARNER, JJ., concur.

SCHWARTZ, ALAN R., Associate Judge, dissents with opinion.

SCHWARTZ, ALAN R., Associate Judge, dissenting.

In my judgment, the interests of justice require that a jury hear the newly discovered evidence of a person who admits committing the crime of which the appellant stands convicted. I therefore believe the trial court abused its discretion in denying his motion for new trial....

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