Opinion
No. 2D05-5615.
November 15, 2006.
Appeal from the Circuit Court for Polk County, Roger Allan Alcott, Judge.
David R. Carmichael of the Franklin Carmichael Law Firm, P.A., Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
Affirmed. See Consalvo v. State, 937 So.2d 555, 562 (Fla. 2006) (finding "no abuse of discretion by the trial court in rejecting as not credible the alleged newly discovered evidence presented by" defendant in support of motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850).
STRINGER, CANADY, and WALLACE, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.