Darin Christopher v. State
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 DARIN CHRISTOPHER, Appellant, v. CASE NO. 5D10-4273 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 8, 2011 3.850 Appeal from the Circuit Court for Orange County, Bob LeBlanc, Judge. 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 Appellee. 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 postconviction 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(l). 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(l) 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. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
