Slade v. State

Appellant Curtis Slade appeals a trial court order which summarily denied his motion for postconviction relief alleging newly discovered evidence. The motion was based on an affidavit from a cellmate of appellant who witnessed the incident on which Slade’s convictions were based. Appellant alleged that this cellmate’s account of events would sufficiently impeach the State’s key witness and victim such that it would probably produce an acquittal on retrial. See Jones v. State, 591 So.2d 911 (Fla.1991).

We reject the trial court’s denial of this motion as successive and untimely, because the…