SAUVEUR v. STATE (2024)

District Court of Appeal of Florida, Fourth District.

Wilking SAUVEUR, Appellant, v. STATE of Florida, Appellee.

No. 4D2023-2434

Decided: July 17, 2024

Wilking Sauveur, Cross City, pro se. Ashley Moody, Attorney General, and Pablo Tapia, Assistant Attorney General, West Palm Beach, for appellee.

We reverse the trial court's order summarily denying appellant's motion for postconviction relief and remand for further proceedings. Appellant stated a facially sufficient claim of newly discovered evidence under Florida Rule of Criminal Procedure 3.850(b)(1). The trial court erred in denying the claim without an evidentiary hearing. Simpson v. State, 100 So. 3d 1258 (Fla. 4th DCA 2012); Borders v. State, 309 So. 3d 314 (Fla. 5th DCA 2020).

Reversed.

Per Curiam.

Gross, May and Forst, JJ., concur.

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