Marlowe v. State

District Court of Appeal of Florida

Marlowe v. State

797 So. 2d 647, 2001 Fla. App. LEXIS 15009, 2001 WL 1266004

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 2001

DocketNo. 3D00-1857

StatusPublished

Cited by1 cases

This text of 797 So. 2d 647 (Marlowe v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Marlowe v. State, 797 So. 2d 647, 2001 Fla. App. LEXIS 15009, 2001 WL 1266004 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We affirm the order denying the motion for postconviction relief filed by defendant-appellant Richard Marlowe. We concur with the trial court that the affidavits relied on by the defendant do not qualify as newly discovered evidence. We note that at the time the defendant entered his pleas, the defendant admitted not once, but twice, that he had committed the charged crimes. Further, as noted by the trial court, the affidavits do not actually exculpate defendant from culpability in the charged crimes. Finally, the affidavits relied on by the defendant apply to only one of the two cases on which he entered his pleas. We find no error in the order denying postconviction relief.

Affirmed.

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PER CURIAM.

We affirm the order denying the motion for postconviction relief filed by defendant-appellant Richard Marlowe. We concur with the trial court that the affidavits relied on by the defendant do not qualify as newly discovered evidence. We note that at the time the defendant entered his pleas, the defendant admitted not once, but twice, that he had committed the charged crimes. Further, as noted by the trial court, the affidavits do not actually exculpate defendant from culpability in the charged crimes. Finally, the affidavits relied on by the defendant apply to only one of the two cases on which he entered his pleas. We find no error in the order denying postconviction relief.

Affirmed.

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797 So. 2d 647, 2001 Fla. App. LEXIS 15009, 2001 WL 1266004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marlowe-v-state-fladistctapp-2001.

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