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SHOWERS v. STATE

No. 5D99-3494.

778 So.2d 424 (2001)

Alexander D. SHOWERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 2, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

SHARP, W., J.

Showers appeals after a jury convicted him of aggravated battery with a deadly weapon, or causing great bodily harm.1 He argues that the trial court should have granted his motion for new trial based on new and material evidence, which was discovered after the trial had been completed. Because we find that the motion was untimely and successive, we affirm. However, our affirmance is grounded on lack of jurisdiction, not on...

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