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SAUVEUR v. STATE (2024)

District Court of Appeal of Florida, Fourth District.2024-07-17No. No. 4D2023-2434

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Opinion

We reverse the trial courts order summarily denying appellants motion for postconviction relief and remand for further proceedings. Appellant stated a facially sufficient claim of newly discovered evidence under Florida Rule of Criminal Procedure 3.850(b)(1). The trial court erred in denying the claim without an evidentiary hearing. Simpson v. State, 100 So. 3d 1258 (Fla. 4th DCA 2012); Borders v. State, 309 So. 3d 314 (Fla. 5th DCA 2020). Reversed.

Per Curiam.

Gross, May and Forst, JJ., concur.