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Charles J. CHANDLER, Appellant, v. STATE of Florida, Appellee. No. 2D07-6017

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District Court of Appeal of Florida, Second District. Charles J. CHANDLER, Appellant, v. STATE of Florida, Appellee. No. 2D07-6017. Jan. 14, 2009. Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Lee County; Edward J. Volz, Jr., Judge. VILLANTI, Judge. *1 Charles Chandler appeals from the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850(b)(1). Chandler alleged that he had just learned that he would be subject to conditional release upon his release from prison and that this constituted ?newly discovered evidence,? entitling him to file this otherwise untimely motion. Because Chandler’s motion is deemed timely and is facially sufficient, we reverse and remand for an evidentiary hearing...continue to full post

Full post as published by Florida Criminal Law Opinions on January 14, 2009 (boomark / email).