MATHEWS v. STATE

No. 2D03-1177.

870 So.2d 36 (2003)

Dwight MATHEWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 12, 2003.


CANADY, Judge.

Dwight Mathews appeals the summary dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court issued this summary dismissal in spite of determining that Mathews was entitled to an evidentiary hearing, we reverse.

On April 3, 2001, Mathews filed a rule 3.850 motion alleging that he was entitled to a new trial based on newly discovered...

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