Legal Opinion

Showers v. State

District Court of Appeal of Florida

Decided February 2, 2001No. 5D99-3494PublishedCited by 2 opinions

1Opinion of the Court

SHARP, W., J.

Showers appeals after a jury convicted him of aggravated battery with a deadly weapon, or causing great bodily harm.1 He argues that the trial court should have granted his motion for new trial based on new and material evidence, which was discovered after the trial had been completed. Because we find that the motion was untimely and successive, we affirm. However, our affirmance is grounded on lack of jurisdiction, not on the merits, and it is without prejudice for Showers to bring a post-judgment proceeding pursuant to Florida Rule of Criminal Procedure 3.850.

The guilty verdict…

2Cases cited7 opinions

  1. State v. GriffinDistrict Court of Appeal of Florida · 1977
  2. Totta v. StateDistrict Court of Appeal of Florida · 1999
  3. Jackson v. StateDistrict Court of Appeal of Florida · 1982
  4. State v. BoddenDistrict Court of Appeal of Florida · 2000
  5. Reid v. StateDistrict Court of Appeal of Florida · 1999

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3Cited by2 opinions

  1. State v. NicholsonDistrict Court of Appeal of Florida · 2002
  2. Cuffy v. Secretary of Department of CorrectionsDistrict Court, S.D. Florida · 2021

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