Filed: Jun. 18, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-5199 _ JAMES FRAZIER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge. June 18, 2019 PER CURIAM. This is an appeal from the summary denial of Appellant’s successive motion for postconviction relief. We affirm the summary denial of Appellant’s inconsistent verdict claim. However, we reverse and remand for an evidentiary hearing on Appellant’s newly discovered evid
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-5199 _ JAMES FRAZIER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge. June 18, 2019 PER CURIAM. This is an appeal from the summary denial of Appellant’s successive motion for postconviction relief. We affirm the summary denial of Appellant’s inconsistent verdict claim. However, we reverse and remand for an evidentiary hearing on Appellant’s newly discovered evide..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-5199
_____________________________
JAMES FRAZIER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County.
Steven B. Whittington, Judge.
June 18, 2019
PER CURIAM.
This is an appeal from the summary denial of Appellant’s
successive motion for postconviction relief. We affirm the summary
denial of Appellant’s inconsistent verdict claim. However, we
reverse and remand for an evidentiary hearing on Appellant’s
newly discovered evidence claim. See Utile v. State, 235 So. 3d
1045, 1048 (Fla. 5th DCA 2018); Simpson v. State,
100 So. 3d 1258,
1260 (Fla. 4th DCA 2012); Coley v. State,
74 So. 3d 184, 185 (Fla.
2d DCA 2011).
AFFIRMED in part; REVERSED in part; and REMANDED for
further proceedings.
RAY, BILBREY, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
James Frazier, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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