District Court of Appeal of Florida

Denial of defendant's motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 is affirmed where the record supported the trial court's conclusion that DNA testing of a condom would not, regardless of the results, exonerate defendant since the sexual assault occurred in an outdoor area near a public park and there was no suggestion in the record that the victim's assailant had used a condom.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• EVANDER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Isaiah Starr, South Bay, pro se.


• For Appellees:
  
• No Appearance for Appellee.