Smith v. State

By petition for writ of certiorari, Eugene Smith seeks relief from a circuit court order affirming summary denial of the motion for postconviction relief he filed in county court. We grant the petition, quash the circuit court’s, order, and remand for further proceedings.

Mr. Smith filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, challenging his *1078conviction based on newly discovered evidence. After the county court summarily denied his motion for postconviction relief, he appealed to the circuit court. The . county court’s order recites that the…