State v. Parker

We have before us the State’s appeal of the trial court’s order granting J.B. Parker’s posteonviction request for a new penalty phase proceeding. We also have before us Parker’s cross-appeal of the trial court’s order denying his posteonviction request for a new trial. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

In this ease, the trial court granted relief as to a new penalty phase after finding that the State withheld exculpatory evidence that could have changed, within a reasonable probability, the outcome of Parker’s sentence. The trial court denied relief as to a new trial after…