ZACHARY TAYLOR ZEMAN
v.
STATE OF FLORIDA
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A trial court errs in summarily denying a postconviction motion claiming newly discovered evidence without conducting an evidentiary hearing.
[1] A trial court must conduct an evidentiary hearing on a postconviction claim of newly discovered evidence and may not summarily deny such a claim without a hearing.
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Join FLexlaw to unlock all legal intelligenceZachary Taylor Zeman appealed a conviction and sought postconviction relief based on newly discovered evidence. The trial court summarily denied his m…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ZACHARY TAYLOR ZEMAN, Appellants,
v.
STATE OF FLORIDA, Appellees.
No. 4D17-2995
[March 7, 2018]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey J. Colbath, Judge; L.T. Case No. 50-2006-CF- 001948-BXXX-MB.
Robert A. Herce of Herce & Herce, P.A., Tampa, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
We reverse the trial court’s order summarily denying appellant’s motion for postconviction relief and remand for further proceedings. We agree with appellant that the trial court erred in summarily denying his claim of newly discovered evidence without conducting an evidentiary hearing. See Nordelo v. State, 93 So. 3d 178 (Fla. 2012). We express no opinion on the merits.
Reversed and remanded.
GERBER, C.J., GROSS and CONNER, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.