Zambrano v. State
Zambrano, convicted of lewd or lascivious exhibition based on two child victims' testimony, filed a successive rule 3.850 motion supported by the victims' 2023 affidavits stating his exposure was accidental when his baggy pants fell while dancing. The Fourth DCA reversed the summary denial, holding the claim was timely, facially sufficient, and not conclusively refuted by the record, and remanded for an evidentiary hearing.
Key facts
- Zambrano was convicted of lewd or lascivious exhibition based on testimony from two child victims regarding an exposure incident.
- Zambrano filed a successive rule 3.850 motion in 2023 supported by affidavits from the victims recanting their trial testimony and stating the exposure was accidental when his baggy pants fell while he was dancing.
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Why it matters
Useful for postconviction practitioners litigating recantation-based newly discovered evidence claims: the opinion reinforces that an evidentiary hearing is the general rule and rejects the common State argument that a… — full analysis with a trial
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