CARLOS GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLOS GARCIA, APPELLANT,
STATE OF FLORIDA, APPELLEE
920 So. 2d 204
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse an order summarily denying appellant’s 3.850 motion because the affidavit of the victim could constitute newly discovered evidence which would not be barred by untimeliness.
STEVENSON, C.J., POLEN and KLEIN, JJ., concur.
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Citator
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Ganey v. State, 977 So. 2d 698 (Fla. 1st DCA 2008)…incorrect. Contrary to the findings of the postconviction court, there are numerous examples of appellate cases applying rule 3.850 to probation revocation hearings. See e.g. Flowers v. State, 947 So. 2d 639 (Fla. 4th DCA 2007); Hollander v. State, 920 So. 2d 204, (Fla. 4th DCA 2006); Gilbert v. State, 913 So. 2d 84, 85 (Fla. 2d DCA 2005); Phelps v. State, 911 So. 2d 186 (Fla. 1st DCA 2005); Mikell v. State, 903 So. 2d 1054, 1054 (Fla. 2d DCA 2005); Medrano v. State, 892 So. 2d 508 (Fla. 3d DCA 2004). Neve…