Dean v. State (597 So. 2d 976, 1992)

Florida District Court of Appeal 1992-05-13

Citations

Full opinion text

PER CURIAM.

AFFIRMED.

LETTS and WARNER, JJ., concur.

SCHWARTZ, ALAN R., Associate Judge, dissents with opinion.

SCHWARTZ, ALAN R., Associate Judge,

dissenting.

In my judgment, the interests of justice require that a jury hear the newly discovered evidence of a person who admits committing the crime of which the appellant stands convicted. I therefore believe the trial court abused its discretion in denying his motion for new trial. See Jackson v. State, 416 So.2d 10 (Fla. 3d DCA 1982).