Orbary McKinnon v. State

Orbary McKinnon (the defendant) appeals the trial court’s order summarily denying his “Motion for Post-Conviction Relief, Newly Discovered Evidence,” filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We reverse and remand for the trial court to conduct an evidentiary hearing.

The defendant filed the instant rule 3.850 motion seeking post-conviction relief based on newly-discovered evidence. In support of his motion, the defendant attached an affidavit from his co-defendant, Norman Lockley, stating that the defendant had not participated in the underlying drug offenses.…