HILBERT v. STATE

No. 95-2386.

666 So.2d 1059 (1996)

Randy HILBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 2, 1996.


Attorney(s) appearing for the Case

Randy Hilbert, Sanderson, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, Judge.

Appellant seeks review of his rule 3.850 motion for post-conviction relief based on newly-discovered evidence. Because we conclude the motion is sufficient to warrant an evidentiary hearing, we reverse and remand to the lower court for this purpose.

The lower court's reasons for summarily denying relief were: (1) the affidavit of Roberta Everson that the victim told her that appellant did not commit the crime of which he was convicted was insufficient...

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