State v. Baker

SMITH, Judge.

Following the jury’s verdict that he is guilty of robbery, appellee filed a timely motion for new trial asserting among other grounds his counsel’s discovery of new and material evidence which, if introduced at the trial, would probably have changed the verdict. Appellee and his counsel could not with diligence have discovered and produced the evidence at trial. The trial court granted appellee’s motion solely on that ground pursuant to Rule 3.600(a)(3), *610R.Cr.P., and the State appealed. Sec. 924.-07, F.S.1973.

Appellee’s motion and the trial court’s order were predicated on…