State v. Downs
The State appealed an order granting Downs' second 3.850 motion, which alleged newly discovered evidence (a judge's affidavit) that trial counsel failed to convey a plea offer made in open court. The Fifth DCA held that Downs failed to carry his burden of proving the open-court plea was different from the hallway plea offer already litigated and rejected in his first postconviction motion, so the claim was successive and not based on genuinely newly discovered evidence; the court reversed and directed dismissal.
Key facts
- Downs was convicted and filed a first postconviction motion under Rule 3.850 alleging trial counsel failed to convey a hallway plea offer; that motion was rejected.
- Downs filed a second successive 3.850 motion claiming newly discovered evidence—a judge's affidavit—showing trial counsel failed to convey a different plea offer made in open court.
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Why it matters
This opinion gives practitioners a concrete illustration of how courts analyze whether a 'newly discovered' plea-offer claim in a successive 3.850 motion is truly distinct from a previously litigated claim, emphasizing… — full analysis with a trial
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