BRANCACCIO v. STATE

No. 4D08-2664.

27 So.3d 739 (2010)

Victor BRANCACCIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 10, 2010.


Attorney(s) appearing for the Case

Marcia J. Silvers of Marcia J. Silvers, P.A., Miami, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant, Victor Brancaccio, challenges the trial court's denial of his motion for postconviction relief based upon newly discovered evidence. While the trial court found that evidence of the effects of the drug Zoloft could be considered newly discovered in that the drug warnings issued by the Food and Drug Administration came well after the trial in this action, it concluded that the evidence would not, as a matter of law, establish an involuntary intoxication...

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