Diaz v. State

Eight criminal informations were consolidated for purposes of trial and the defendant was convicted in seven cases. The trial court has granted an evidentiary hearing with respect to two of the cases because the victims in those cases recanted their identification of the defendant. The court has denied an evidentiary hearing with respect to the remaining five cases. The state apparently relied upon a joint identification theory for conviction.

After the evidentiary hearing already granted, the court will have to determine whether this newly discovered evidence would probably produce an…