CARLOS JENNIS
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Newly discovered evidence under Florida Rule of Criminal Procedure 3.850(b)(1) must be of such nature that it would probably produce an acquittal on retrial, and a petition filed more than two years after judgment is barred unless the facts were unknown to both the movant and the movant's attorney and could not have been ascertained by due diligence.
[1] Under Florida Rule of Criminal Procedure 3.850(b)(1), a motion for post-conviction relief based on newly discovered evidence filed more than two years after judgment beco…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[I]n order to provide relief [under Florida Rule of Criminal Procedure 3.850(b)(1)], the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial.”
Jones v. State, 591 So. 2d 911, 915 (Fla. 1991)
Jennis filed a post-conviction relief motion under Rule 3.850(b)(1) more than two years after his judgment and sentence became final. The motion was b…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Due Diligence Requirement cases and more on FLexlaw
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2026-1267 Lower Tribunal No. 1998-CF-000546
CARLOS JENNIS, Appellant, v. STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Highlands County. David V. Ward, Judge.
September 25, 2026
PER CURIAM.
AFFIRMED. See Jones v. State, 591 So. 2d 911, 915 (Fla. 1991) (“[I]n order to provide relief [under Florida Rule of Criminal Procedure 3.850(b)(1)], the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial." (emphasis added and omitted)); Coppola v. State, 938 So. 2d 507, 511 (Fla. 2006) (“[T]he term 'fact' [in rule 3.850(b)(1)] refers to evidence that tends to prove or disprove guilt or innocence." (emphasis added)); Agan v. State, 560 So. 2d 222, 222-23 (Fla. 1990) (“The [public records] act was equally available ... prior to January 1, 1987, the cut off date for post-conviction relief in the instant
case. Rule 3.850 bars an untimely petition based on information previously ascertainable through the exercise of due diligence." (quoting Demps v. State, 515 So. 2d 196, 198 (Fla. 1987))); Gadson v. State, 429 So. 3d 1052, 1053-54 & n.3 (Fla. 5th DCA 2025) (“Rule 3.850(b)(1) provides that a motion may not be filed more than two years after the judgment and sentence become final unless 'the facts on which the claim is predicated were unknown to the movant or the movant's attorney and could not have been ascertained by the exercise of due diligence.' Fla. R. Crim. P. 3.850(b)(1) (emphasis added). We interpret the rule to require that the newly discovered fact was unknown to both the movant and the movant's attorney. [n.3 We will assume, without deciding, that an unconveyed plea offer is a 'fact[] on which the claim is predicated.'] Perhaps the rule should permit a newly discovered evidence claim based on an unconveyed plea offer despite counsel's knowledge. But that is not for this court to decide. Only the Florida Supreme Court has authority to amend the rule." (citations omitted)), rev. granted, No. SC2025- 1824, 2026 WL 765437 (Fla. Mar. 17, 2026).
TRAVER, C.J., and MIZE and PRATT, JJ., concur.
Carlos Jennis, Miami, pro se.
James Uthmeier, Attorney General, Tallahassee, and Cerese Crawford Taylor, Chief Assistant Attorney General, Tampa, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jones v. State, 591 So. 2d 911 (Fla. 1991)
- Bennie Demps v. State, 515 So. 2d 196 (Fla. 1987)
- Coppola v. State, 938 So. 2d 507 (Fla. 2006)
- Agan v. State, 560 So. 2d 222 (Fla. 1990)
- Gadson v. State, 429 So. 3d 1052 (Fla. 5th DCA 2025)