State v. Thomas

FERGUSON, Judge.

Olrick Thomas was found guilty in a jury trial of false imprisonment and two counts of sexual battery on a child under the age of twelve. The issue presented in this State appeal from an order granting a new trial is whether the evidence relied upon by the defendant as a basis for a retrial satisfies the requirements of Florida Rule of Criminal Procedure 3.600(a)(3)1 that such evidence be new and material, could not have been discovered and produced for trial, and would probably have changed the trial outcome. We hold that the defendant’s new evidence failed each prong of the…