SHAWNTON D. JOHNSON v. State

Third District Court of Appeal
State of Florida
Opinion filed November 4, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1361
Lower Tribunal No. 02-21084
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Shawnton D. Johnson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Lourdes Simon, Judge.
Shawnton D. Johnson, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, HENDON, and LOBREE, JJ.
PER CURIAM.
Affirmed. See Jones v. State, 591 So. 2d 911 (Fla. 1991) (The evidence
claimed to be newly discovered "must have been unknown by the trial court, by the
party, or by counsel at the time of trial and it must appear that defendant or his
counsel could not have [ascertained those facts] by the use of diligence" such as
taking the witness' testimony.).
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