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JOHNSON v. STATE

No. 3D19-1439.

278 So.3d 323 (2019)

Carl JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 19, 2019.

Attorney(s) appearing for the Case

Carl Johnson, in proper person.

Ashley Moody , Attorney General, for appellee.

Before SALTER, MILLER and GORDO, JJ.

PER CURIAM.

Affirmed. Fla. R. Crim. P. 3.850(b)(1) (A claim of newly discovered evidence must be brought "within [two] years of the time the new facts were or could have been discovered with the exercise of due diligence."); see Johnston v. State, 27 So.3d 11, 18 (Fla. 2010) ("[T]he evidence must not have been known by the trial court, the party, or counsel at the time of trial, and it must appear that...

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