ZEMAN v. STATE (2018)

Zachary Taylor ZEMAN, Appellants, v. STATE of Florida, Appellees.

No. 4D17–2995

Decided: March 07, 2018

Robert A. Herce of Herce & Herce, P.A., Tampa, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, 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. We agree with appellant that the trial court erred in summarily denying his claim of newly discovered evidence without conducting an evidentiary hearing. See Nordelo v. State, 93 So.3d 178 (Fla. 2012). We express no opinion on the merits.

Reversed and remanded.

Per Curiam.

Gerber, C.J., Gross and Conner, JJ., concur.

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