Smith v. State

DAVIS, Judge.

Tony Smith challenges the summary denial of his motion for postconviction relief based on a claim of newly discovered evidence filed pursuant to Florida Rule of Criminal Procedure 8.850. Because his motion is facially sufficient and the attached portions of the record do not refute his claim, we reverse.

Smith was convicted on December 17, 2002, after a jury found him guilty of selling cocaine within 1000 feet of a school or church. He was sentenced to twenty-five years’ prison with a three-year minimum mandatory. His charges arose from a drug buy wherein Smith was alleged to have…