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UTILE v. STATE

Case No. 5D17-2668.

235 So.3d 1045 (2018)

Marcsene UTILE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed January 19, 2018.

Attorney(s) appearing for the Case

Marcsene Utile, Sneads, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellee.

Marcsene Utile appeals the postconviction court's order summarily denying his Florida Rule of Criminal Procedure 3.850 amended motion for postconviction relief. For the following reasons, we reverse and remand with directions to grant Utile an evidentiary hearing on his claim of newly discovered evidence.

In 2006, Utile was convicted...

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