FLETCHER v. STATE

No. 4D10-588.

53 So.3d 1249 (2011)

Thomas FLETCHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2011.


Attorney(s) appearing for the Case

Thomas Fletcher , Chipley, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diane F. Medley , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Thomas Fletcher (Defendant) appeals an order summarily denying his rule 3.850 motion for postconviction relief as untimely and successive, though it was based on newly discovered evidence. We reverse.

Following a jury trial in January 1995, Defendant was found guilty as charged of first degree murder and armed robbery, alleged to have occurred on July 3, 1994. The victim was Defendant's alleged drug dealer. The defense was voluntary intoxication...

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