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GARCIA v. STATE

No. 4D05-3755.

920 So.2d 204 (2006)

Carlos GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 2006.

Attorney(s) appearing for the Case

Carlos Garcia, Cross City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse an order summarily denying appellant's 3.850 motion because the affidavit of the victim could constitute newly discovered evidence which would not be barred by untimeliness.

STEVENSON, C.J., POLEN and KLEIN...

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