Auritt v. State

The appellant challenges the trial court’s order denying his Florida Rule of Criminal Procedure 3.850 motion. Pursuant to a nolo contendere plea, the appellant was convicted of lewd or lascivious conduct in the presence of a child under sixteen and was required to register as a sex offender. The appellant served his sentence, but was again incarcerated for failure to re-register within 48 hours of an address change based on the foregoing conviction. He filed the present motion attacking his original conviction on grounds of newly discovered evidence. The lower tribunal dismissed the motion…