Norris v. State

Charles Norris appeals the denial of his motion for postconviction relief. We reverse.

Norris’s motion raises four separate issues; all but one are facially insufficient or should have been argued on direct appeal. The sole issue requiring further proceedings concerns Norris’s claim to have discovered new and material evidence which he believes will demonstrate his innocence. See Richardson v. State, 546 So.2d 1037 (Fla.1989). Norris was charged with and convicted of engaging in sexual activity with a child, a violation of section 794.041, Florida Statutes (1987). The new evidence is an…