Nussdorf v. State

ON REHEARING

DELL, Judge.

We grant appellant/petitioner’s motion for rehearing and/or motion for clarification.1 We withdraw the order of this court dated December 30,1.987 and substitute the following opinion in its place and stead.

Petitioner seeks an order directing the trial court to conduct a hearing on newly discovered evidence. Petitioner has alleged that after this court affirmed his conviction, sufficient new evidence has been discovered to support the issuance of a writ of error coram nobis. The new evidence consists of a sworn statement in which the petitioner’s father confessed that…