A Florida appeals court has reversed a lower court’s decision to dismiss postconviction relief for Abner Zambrano, ruling that he is entitled to an evidentiary hearing based on newly discovered evidence.
The Fourth District Court of Appeal issued the decision on August 5, 2026, ordering the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County to evaluate new affidavits submitted by the two victims in the case.
Zambrano was convicted in 2018 of lewd or lascivious exhibition and sentenced to 18 months in prison followed by three years of sex offender probation. His conviction relied primarily on the testimony of two child victims who stated that Zambrano had intentionally exposed his penis to them.
In 2024, Zambrano filed a motion for postconviction relief citing new affidavits signed by both victims in 2023. According to court records, the victims stated that the exposure occurred accidentally while Zambrano, who was in a relationship with their mother at the time, was dancing in front of them and his loose, baggy pants fell down.
In the affidavits, the victims stated that Zambrano “did not do this intentionally and there was nothing done that was sexual or lewd about it.” They added that 2023 was the first time they had come forward with this information and were willing to assist him.
The trial court originally denied Zambrano’s motion without a hearing, ruling that the statements were inadmissible opinion testimony regarding his intent and that they failed to negate statements Zambrano made during a controlled phone call with the victims’ mother that was admitted at trial.
The appellate court rejected that reasoning, finding that while lay witnesses cannot testify regarding another person’s intent, the victims’ direct observations—that Zambrano’s pants fell down while he was dancing because he was not wearing a belt or underwear—are factual perceptions that would be admissible in court.
The panel also determined that the controlled phone call did not conclusively refute the new claims, noting that Zambrano had repeatedly denied intentional exposure during that call and maintained that his pants had fallen by accident.
The appellate decision noted that because the allegations in the affidavits are not inherently incredible, the trial court must accept them as true for the purpose of deciding whether to hold a hearing. Judges May, Forst, and Shaw concurred in the per curiam opinion remanding the case for an evidentiary hearing.
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