ALVAREZ v. STATE (2019)

District Court of Appeal of Florida, Third District.

Gilberto ALVAREZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-2383

Decided: September 25, 2019

Before LOGUE, SCALES and GORDO, JJ.

Daniel Tibbitt, for appellant. Ashley Moody, Attorney General, and Natalia Costea, Assistant Attorney General, for appellee.

Affirmed. See Long v. State, 183 So. 3d 342, 346 (Fla. 2016) (In order for evidence to be newly discovered, “the evidence must not have been known by the trial court, the party, or counsel at the time of the plea, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence.”); see also Agan v. State, 560 So. 2d 222, 222–23 (Fla. 1990) (citing Demps v. State, 515 So. 2d 196, 198 (Fla. 1987)) (finding that a defendant's failure to request records within the two-year post-conviction time limit does not exempt the time requirement for purposes of post-conviction relief).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network