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WILLIAMS v. STATE

No. 4D03-4702.

876 So.2d 1234 (2004)

Theodore WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 4, 2004.

Attorney(s) appearing for the Case

Kathleen M. Williams, Federal Public Defender, and Peter Birch, Assistant Federal Public Defender, West Palm Beach, for appellant.

No appearance required for appellee.

PER CURIAM.

We affirm an order denying Williams's rule 3.850 motion premised on a claim of newly discovered evidence. Williams was convicted in 1988 of one count of second-degree murder and one count of aggravated battery in a "drive by" shooting. A co-defendant, Vincent McDaniels, was also convicted and has now executed an affidavit recanting his testimony with respect to who fired the weapon.

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