ROLACK v. STATE

No. 3D11-2062.

93 So.3d 450 (2012)

D'Andre ROLACK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 18, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbitt , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Linda S. Katz , Assistant Attorney General, for appellee.

Before ROTHENBERG, SALTER and EMAS, JJ.


EMAS, J.

Appellant, D'Andre Rolack, appeals the trial court's summary denial of his motion for post-conviction relief. We affirm in part and reverse in part.

Rolack's motion was based upon affidavits from two witnesses: Joy Battle and Johnny Darling. Rolack asserted in his motion that both affidavits constituted newly-discovered evidence1 and that the nature of this evidence was such that...

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