Diamond v. State

OWEN, Judge.

Appellant filed a motion to vacate judgment and sentence under Rule 1.850 CrPr, 33 F.S.A. on the grounds of newly discovered evidence. This appeal is from the order denying such motion.

The newly discovered evidence was a written statement given to the police by one Gruosso, the driver of the car in which appellant was a passenger at the time the police stopped the car and placed both Gruosso and appellant under arrest on the charge of possession of marijuana. After they were arrested, both Gruosso and appellant were taken to the police station, but appellant was released shortly…