People v. Mason

Opinion by

Judge METZGER.

Defendant, Jay N. Mason, appeals the trial court order denying his Crim. P. 35(c) motion for new trial based on newly discovered evidence. We affirm.

In 1990, defendant pled guilty to reckless manslaughter and first degree assault resulting from a gang fight. He was sentenced to 16 years in the Department of Corrections. While incarcerated, he received a letter from a gang member who wrote that he had stabbed the assault victim.

Thereafter, defendant filed the motion at issue here. After a hearing, the trial court denied the motion on the basis of its finding that the…