ANDRE WITHERSPOON v. STATE OF FLORIDA (2024)

District Court of Appeal of Florida, Fourth District.

ANDRE G. WITHERSPOON, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D2024-1649

Decided: December 04, 2024

Lisa Viscome of Salnick Law, P.A., West Palm Beach, for appellant. No appearance for appellee.

We affirm, without further discussion, the portion of the order summarily denying Appellant's amended rule 3.850 motion for postconviction relief based upon newly discovered evidence regarding the State's DNA expert claim.

We reverse the portion of the order summarily denying Appellant's amended rule 3.850 motion for postconviction relief based upon newly discovered evidence regarding the testimony of Eli Palmisciano and Greg Beahm. On remand, the trial court shall provide Appellant an opportunity to amend his motion and attach the required affidavits of Eli Palmisciano and Greg Beahm or explain why no affidavits were attached as required by Florida Rules of Criminal Procedure 3.850(c)(7) and 3.987(6).

Affirmed in part, reversed in part, and remanded with directions.

Per Curiam.

May, Damoorgian and Levine, JJ., concur.

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