JOHNSON v. STATE (2020)

District Court of Appeal of Florida, Third District.

Shawnton D. JOHNSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-1361

Decided: November 04, 2020

Before FERNANDEZ, HENDON, and LOBREE, JJ.

Shawnton D. Johnson, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. See Jones v. State, 591 So. 2d 911 (Fla. 1991) (The evidence claimed to be newly discovered “must have been unknown by the trial court, by the party, or by counsel at the time of trial and it must appear that defendant or his counsel could not have [ascertained those facts] by the use of diligence” such as taking the witness' testimony.).

PER CURIAM.

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