02-2471 MARTIN V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-2471 MARTIN V. STATE

Case Date: 12/26/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

TROY MARTIN, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** CASE NO. 3D02-2471 LOWER TRIBUNAL NO. 86-36067 **

Opinion filed December 26, 2002. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, David H. Young, Judge. Troy Martin, in proper person. Richard E. Doran, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and SHEVIN, JJ.

PER CURIAM. Troy Martin appeals an order denying his motion for

postconviction relief under Florida Rule of Criminal Procedure 3.850, wherein defendant-appellant Martin asserts newly

discovered evidence.

The motion fails to set forth what the

evidence was in the defendant's case, and how the claimed newly discovered evidence would have affected the outcome, if at all. See Strickland v. Washington, 466 U.S. 668 (1984). This court's

affirmance is without prejudice to the defendant to file an amended motion. Affirmed.

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