Burns v. State

VILLANTI, Judge.

Kevin Lee Burns challenges the summary denial of his postconviction motion for extraordinary relief. Because the motion presented claims involving allegedly newly discovered evidence, the postconviction court properly considered it pursuant to Florida Rule of Criminal Procedure 3.850.1 However, because Burns failed to allege a facially sufficient claim, the post-conviction court should have stricken the motion and allowed him an opportunity to amend.

A claim of newly discovered evidence must be filed within two years from the date the evidence could have been discovered with…