ERVIN, J.
David R. Polk appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. In the order denying appellant's motion, the trial court ruled that because the claims of ineffective assistance of counsel did not qualify as newly discovered evidence, they were untimely filed and the court refused to consider them on the merits. We cannot agree. In that the record furnished to this court does not...
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