RUFFIN v. STATE

No. 1D06-5261.

957 So.2d 40 (2007)

Michael RUFFIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2007.


Attorney(s) appearing for the Case

Michael Ruffin, pro se, Appellant.

Bill McCollum, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the trial court's order denying his Florida Rule of Criminal Procedure 3.850 motion. Following a jury trial, the appellant was convicted of armed robbery with a firearm. He filed the present motion attacking his conviction on grounds of newly discovered evidence. The trial court denied the motion as untimely.

The trial court erred in denying the appellant's motion without conducting an evidentiary hearing to determine whether...

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