Benton v. State

884 So.2d 90 (2004)

Thomas BENTON, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-3784.

District Court of Appeal of Florida, Second District.

April 14, 2004.

SILBERMAN, Judge.

Thomas Benton appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Benton raised a facially sufficient claim based on newly discovered evidence that is not refuted by the record, we reverse and remand for an evidentiary hearing.

Benton was charged with count one, first-degree murder, count two, armed robbery, and count three, possession of a…