STATE v. ROBINSON

No. 97-02619.

711 So.2d 619 (1998)

STATE of Florida, Appellant, v. Ceasar ROBINSON, Appellee.

District Court of Appeal of Florida, Second District.

May 22, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia A. McCarthy, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellee.


PER CURIAM.

The State appeals the trial court's order granting Ceasar Robinson's motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, based on newly discovered evidence. We reverse, concluding that the trial court abused its discretion in granting postconviction relief where the evidence was not likely to produce an acquittal on retrial.

In the early morning hours of December 5, 1981, Avil Francis was shot to death...

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