ANDREWS v. STATE

No. 4D05-2322.

919 So.2d 552 (2005)

Robert ANDREWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 13, 2006.


Attorney(s) appearing for the Case

Bert Winkler, West Palm Beach, for appellant.

No appearance required for appellee.


KLEIN, J.

Defendant moved for post-conviction relief based on newly discovered evidence in the form of an affidavit of a participant in the robbery for which defendant was convicted. Although the affidavit does satisfy the first requirement for newly discovered evidence, that it could not have been known by the use of diligence at the time of the trial, the trial court summarily denied the motion on the ground that it was inherently incredible. We affirm.

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