Legal Opinion

Griffith v. State

District Court of Appeal of Florida

Decided December 12, 2003No. 2D03-1732Published

1Opinion of the Court

SALCINES, Judge.

Robert F. Griffith appeals the summary denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Griffith alleged a claim of newly discovered evidence, but he failed to allege that he could not have discovered the evidence through the exercise of due diligence or that withdrawal of his plea is necessary to prevent a manifest injustice. See Daniel v. State, 740 So.2d 1179 (Fla. 2d DCA 1999); Alkanan v. State, 786 So.2d 1275 (Fla. 4th DCA 2001). Therefore, we affirm the trial court’s order of denial without…

2Cases cited2 opinions

  1. Alkanan v. StateDistrict Court of Appeal of Florida · 2001
  2. Daniel v. StateDistrict Court of Appeal of Florida · 1999

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