Nordelo v. StateAnnotate this Case
Petitioner was found guilty of armed robbery of a convenience store when he was 19-years-old and was sentenced to life in prison as a habitually violent offender. At issue was the summary denial of an evidentiary hearing in postconviction proceedings under Florida Rule of Criminal Procedure 3.850. The court concluded that the district court misapplied the court's precedent and in so doing erred in affirming the summary denial of petitioner's successive motion for postconviction relief based on newly discovered evidence. Accordingly, the court quashed the decision below and remanded for an evidentiary hearing on the newly discovered evidence claim involving only the affidavit of the codefendant.