Tillman v. State

BOOTH, Judge.

This cause is before us on appeal from the summary denial of appellant’s motion to vacate judgment and sentence under Rule 3.850, Florida Rules of Criminal Procedure, and appellee’s motion to dismiss the appeal.

The motion to vacate alleged newly discovered evidence. This allegation is stated in a purely conclusionary form, without supporting facts and, standing alone, is insufficient to require the trial court to hold a hearing.1 Further, with respect to newly discovered evidence as grounds for collateral attack on a judgment under Rule 3.850, particular allegations required are…