CAIN v. STATE

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Kim Duane CAIN, Appellant, v. STATE of Florida, Appellee.

No. 4D16–2997

Decided: May 24, 2017

Melissa Montle and Seth E. Miller of Innocence Project of Florida, Inc., Tallahassee, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

Affirmed. See Scott v. State, 46 So.3d 529, 532–33 (Fla. 2009) (any error in trial court's finding that defendant's motion for postconviction DNA testing was technically insufficient was harmless where defendant's motion for postconviction DNA testing was legally insufficient because he failed to show a reasonable probability existed that the test results would exonerate him).

Per Curiam.

Gerber, Conner and Klingensmith, JJ., concur.

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