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Zelaya v. State, No. 3D08-3264 (Fla. App. 5/20/2009) (Fla. App., 2009)

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Wilfredo A. Zelaya, Appellant, v. The State of Florida, Appellee. No. 3D08-3264. District Court of Appeal of Florida, Third District. Opinion filed May 20, 2009.An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Antonio Marin, Judge. Lower Tribunal No. 95-29230. Wilfredo A. Zelaya, in proper person. Bill McCollum, Attorney General, for appellee. Before COPE, SHEPHERD, and SUAREZ, JJ. SUAREZ, J. Wilfredo A. Zelaya appeals from a summary denial of a postconviction motion under Florida Rule of Criminal Procedure 3.850. We reverse and remand for an evidentiary hearing. The defendant has filed the affidavit of the victim’s mother, which he claims is newly discovered evidence. The affidavit states that the victim, who was under twelve years of age at the time of the charged crime, has told her that the crimes did not actually take place...continue to full post

Full post as published by Florida Criminal Law Opinions on May 20, 2009 (boomark / email).