Opinion
No. 3D04-415.
May 4, 2005. Rehearing Denied September 26, 2005.
An Appeal from the Circuit Court for Miami-Dade County, Scott Silvermann, Judge.
Ramona Tavia, in proper person.
Charles J. Crist, Attorney General, and Jennifer Falcone Moore, Assistant Attorney General for appellee.
Before COPE, WELLS, and ROTHENBERG, JJ.
Ramona Tavia appeals from the denial of a 3.850 motion following an evidentiary hearing on Tavia's claim that newly discovered evidence entitled her to a new trial. We affirm because the trial court's conclusion that the new evidence lacks credibility is supported by competent substantial evidence. See Jones v. State, 709 So.2d 512, 521-22 (Fla. 1998) (stating that in determining whether newly discovered evidence would probably produce an acquittal on re-trial, a trial court must consider both admissibility and the weight to be accorded to the new evidence); Blanco v. State, 702 So.2d 1250, 1252 (Fla. 1997) (stating that a lower court's credibility determinations will not be overturned if supported by competent substantial evidence).