SMITH v. STATE

No. 2D09-2064.

39 So.3d 461 (2010)

Tony SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 7, 2010.


Attorney(s) appearing for the Case

Andrea M. Norgard, Bartow, for Appellant.

No appearance for Appellee.


DAVIS, Judge.

Tony Smith challenges the summary denial of his motion for postconviction relief based on a claim of newly discovered evidence filed pursuant to Florida Rule of Criminal Procedure 3.850. Because his motion is facially sufficient and the attached portions of the record do not refute his claim, we reverse.

Smith was convicted on December 17, 2002, after a jury found him guilty of selling cocaine within 1000 feet of a school or church. He was sentenced...

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