Darin CHRISTOPHER, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· April 8, 2011 · Docket No. 5D10-4273
58 So. 3d 386
Syllabus
Darin CHRISTOPHER, Appellant, v. STATE of Florida, Appellee. No. 5D10-4273. District Court of Appeal of Florida, Fifth District. April 8, 2011. Bernard F. Daley, Jr., of The Daley Law Office, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Full Opinion (794 characters)
ON CONFESSION OF ERROR PER CURIAM. Darin Christopher appeals from an order denying his pro se Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief as successive. The denial order states that the 3.850 motion improperly raises the same issue that Christopher previously raised in a motion to withdraw plea, filed pursuant to Florida Rule of Criminal Procedure 3.170(0- Christopher’s 3.850 motion alleges “newly discovered evidence” in the form of recanted testimony from a State’s witness. The State concedes that this issue was not raised in the prior 3.170(0 motion, and that the 3.850 motion should have been considered on the merits. Accordingly, we reverse and remand for consideration of the 3.850 motion on the merits. MONACO, C.J., LAWSON, and EVANDER, JJ., concur.
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