Vaughan v. State

Marshall S. Vaughan challenges the order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. He argues that the trial court erred in failing to address one of his claims. We agree and reverse.

Vaughan pled no contest to the felony battery of Cristina Hicks. In his rule 3.850 *880motion, Vaughan alleged newly discovered evidence, including, among others, an affidavit by Cristina Hicks, in which she stated that she fabricated all of the allegations against Vaughan and he “never put his hands on” her. The trial court denied Vaughan’s motion without…