Simpson v. State

Appellant, Jimmy Simpson, appeals the trial court’s order summarily denying his motion for post-conviction relief which claimed newly discovered evidence pursuant to Florida Rule of Criminal Procedure 3.850(b)(1). After considering the State’s response, we reverse and remand with directions to grant Simpson an evidentiary hearing on this claim. Fla. R.App. P. 9.141(b)(2)(D) (“On appeal from the denial of [postconviction] relief, unless the record *1259shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or…