District Court of Appeal of Florida February 15, 2006, No. 4D05-3755 (Garcia v. State)

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United States · · · 15-02-2006

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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