Utile v. State

Marcsene Utile appeals the postconviction court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 amended motion for postconviction relief. For the following reasons, we reverse and remand with directions to grant Utile an evidentiary hearing on his claim of newly discovered evidence.

In 2006, Utile was convicted after trial of second-degree murder and attempted second-degree murder, with the jury making separate, specific findings that Utile actually possessed and discharged a firearm that caused the death of one victim and great bodily harm, to the second victim. On…