DocketNumber: No. 2D12-99
Citation Numbers: 100 So. 3d 746
Judges: Altenbernd, Black, Khouzam
Filed Date: 11/7/2012
Status: Precedential
Modified Date: 8/20/2021
Jorge Zamarippa appeals the summary denial of his motion for postconviction relief in which he raised a claim of newly discovered evidence pursuant to Florida Rule of Criminal Procedure 3.850(b)(1). We reverse and remand for an evidentiary hearing.
As a result of his involvement in a drive-by shooting in July of 1997, Zamarippa was convicted of one count of first-degree murder and three counts of attempted first-degree murder on June 19, 1998. He was sentenced to life without parole on the murder count and 259 months in prison on the remaining counts, to run concurrently. This court affirmed on direct appeal on June 16, 1999. See Zamarippo v. State, 737 So.2d 1095 (Fla. 2d DCA 1999) (table decision). Zamarippa has filed two previous motions for postconviction relief, a motion to correct illegal sentence, and a motion to compel the clerk to unseal juror reports — all of which were denied.
However, the 2007 article in the Washington Post refers to a 2004 report by the National Academy of Sciences on comparative bullet-lead analysis, and this court has determined that the 2004 report may qualify as newly discovered evidence. See Murphy v. State, 24 So.3d 1220, 1222 (Fla. 2d DCA 2009).
Reversed and remanded for further proceedings.
. John Solomon, FBI’s Forensic Test Full of Holes, Wash. Post, Nov. 18, 2007, at A01, available at http://www.washingtonpost.com/ wp-dyn/content/article/2007/11/17/AR 2007111701681.html.
. The organization that conducted the 2004 study is referred to as the "National Research Council” in the Murphy opinion and as the "National Academy of Sciences” in the Washington Post article. But these are related organizations; the opinion and the article reference the same study. See Nat'l Research Council, Forensic Analysis Weighing Bullet Lead Evidence (Wash., D.C., Nat'l Acad. Press 2004), available at http://www.nap.edu/ catalog.php?record_id= 10924.