State v. Hoots

BECTON, Judge.

From a judgment on rehearing denying defendant’s Motion for Appropriate Relief, defendant, Richard Anthony Hoots, appeals. Because defendant’s motion was based on “newly discovered” evidence, and the time for appeal had expired, defendant also seeks relief by writ of certiorari.

Defendant was convicted of armed robbery at a jury trial in February 1980. Defendant filed a Motion for Appropriate Relief, seeking, in substance, to have his conviction reversed and a new trial granted on the ground of newly discovered exculpatory evidence that Darrell Shaw, and not the defendant,…