Hernandez v. State

WELLS, Judge.

Juan Alfonso Hernandez appeals from an order summarily denying his Florida Rule of Criminal Procedure 3.850(b)(1) motion to withdraw a plea to a single count of cocaine sale based on newly discovered evidence. Hernandez claims that his conviction, based on a plea, should be vacated because the witness who identified Hernandez as the individual who provided the cocaine at the center of the charges here, has recanted his testimony. Our standard of review on a summary denial of a Rule 3.850 motion, as recently summarized by the Florida Supreme Court, is as follows:

To uphold the…