Lazo v. State
The Fourth DCA reversed the summary denial of Lazo's successive 3.850 motion based on newly discovered evidence—a victim's handwritten affidavit recanting her trial testimony. The court held the trial court erred in denying the motion without an evidentiary hearing, since the record contained no evidence refuting the timeliness of discovery and the affidavit was not facially 'inherently incredible.'
Key facts
- Lazo filed a successive Rule 3.850 motion for postconviction relief based on newly discovered evidence—a handwritten affidavit from the victim recanting her trial testimony.
- The trial court summarily denied the motion without holding an evidentiary hearing, finding the recantation was not newly discovered because Lazo failed to explain why it was not discovered earlier.
- +2 more key facts with a free trial
Why it matters
This decision reinforces the high bar for summarily denying postconviction relief based on recanted testimony, reaffirming that trial courts must hold an evidentiary hearing unless the affidavit is conclusively refuted… — full analysis with a trial
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