Coley v. State

74 So.3d 184 (2011)

Terry Lee COLEY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D10-4330.

District Court of Appeal of Florida, Second District.

November 18, 2011.

Terry Lee Coley, pro se.

DAVIS, Judge.

Terry Lee Coley challenges the summary denial of his motion for postconviction relief based on a claim of newly discovered evidence filed pursuant to Florida Rule of Criminal Procedure 3.850. Because his motion is facially sufficient and the attached portions of the record do not refute his claim, we reverse.

On March 3, 1999, a jury convicted Coley of one count of aggravated battery with great…