HARLEY v. STATE

No. 4D02-3933.

854 So.2d 751 (2003)

Jeffery HARLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 9, 2003.


Attorney(s) appearing for the Case

Jeffery Harley, Belle Glade, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

We affirm the trial court's order denying appellant's second and successive motion for postconviction relief. The court held that it was not based on "newly discovered" evidence and was an abuse of process.

Appellant was convicted of burglary of a dwelling while armed with a firearm and aggravated battery with a firearm. His defense was misidentification. Briefly, the evidence at trial demonstrated that on August 9, 1996, victim William Bailey ...

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