Hester v. State

District Court of Appeal of Florida

Hester v. State

902 So. 2d 181, 2005 Fla. App. LEXIS 1609, 2005 WL 357049

District Court of Appeal of Florida·Decided February 16, 2005·No. No. 3D04-3178·Published·Cited by 1 cases

Opinion

PER CURIAM.

Ike Hester appeals an order denying his motion for postconviction relief, asserting the existence of newly discovered evidence. We have taken judicial notice of this court’s file in Hester v. State, 763 So.2d 333 (Fla. 3d DCA 2000). As the trial court’s order explained, there were two separate shootings in close proximity. Assuming for purposes of discussion that the affidavit of Russell Williams could be viewed as newly discovered evidence, the affidavit does not contradict the State’s evidence and may, in fact, corroborate it.

Affirmed.

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PER CURIAM.

Ike Hester appeals an order denying his motion for postconviction relief, asserting the existence of newly discovered evidence. We have taken judicial notice of this court’s file in Hester v. State, 763 So.2d 333 (Fla. 3d DCA 2000). As the trial court’s order explained, there were two separate shootings in close proximity. Assuming for purposes of discussion that the affidavit of Russell Williams could be viewed as newly discovered evidence, the affidavit does not contradict the State’s evidence and may, in fact, corroborate it.

Affirmed.

Hester v. State, 902 So. 2d 181, 2005 Fla. App. LEXIS 1609, 2005 WL 357049 (Fla. Ct. App. 2005).

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Opinion

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