HERNANDEZ v. STATE

No. 3D10-1383.

81 So.3d 522 (2012)

Juan Alfonso HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 8, 2012.


Attorney(s) appearing for the Case

Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., and Benjamin S. Waxman , Miami, for appellant.

Pamela Jo Bondi , Attorney General, and Natalia Costea , Assistant Attorney General, for appellee.

Before RAMIREZ, SUAREZ and ROTHENBERG, JJ.


ROTHENBERG, J.

Twenty-six years after Juan Alfonso Hernandez ("the defendant") entered his plea of guilty to sale of cocaine, he sought postconviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, on the basis of newly discovered evidence. After conducting an evidentiary hearing, the trial court weighed the evidence, made factual findings regarding the credibility of the witnesses, and denied the defendant's motion. Because the trial court's...

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