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THOMAS FLETCHER, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 THOMAS FLETCHER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-588 [February 23, 2011] PER CURIAM. Thomas Fletcher (Defendant) appeals an order summarily denying his rule 3.850 motion for postconviction relief as untimely and successive, though it was based on newly discovered evidence. We reverse. Following a jury trial in January 1995, Defendant was found guilty as charged of first degree murder and armed robbery, alleged to have occurred on July 3, 1994. The victim was Defendant?s alleged drug dealer. The defense was voluntary intoxication,1 but the only witness the defense presented at trial to support that defense was a substance abuse expert, who testified about cocaine intoxication and theorized as to Defendant?s state of mind and condition at the time of the murder to negate his specific intent to commit first degree murder and armed robbery...continue to full post

Full post as published by Florida Criminal Law Opinions on February 23, 2011 (boomark / email).