State v. Coyne

FRANK, Judge.

Robert Coyne was charged with attempted first degree murder in violation of sec*222tions 777.04(1) and 782.04(l)(a), Florida Statutes (1985). At the close of the evidence, the jury found him guilty of attempted second degree murder. Coyne timely sought a new trial pursuant to rule 3.600(a)(3) of the Florida Rules of Criminal Procedure based upon “newly discovered evidence,” i.e., the victim would testify that the knife used by Coyne in his attack upon her did not come from her kitchen. The trial court rejected the conduct of a new trial based upon the ground of newly discovered…