Supreme Court of Florida

Court of appeal's order denying defendant's amended motion for postconviction DNA testing is affirmed where: 1) the motion is legally insufficient because defendant failed to show that there is a reasonable probability that test results would exonerate him or lessen his sentence; 2) it was not necessary for the trial court to conduct an evidentiary hearing on the amended motion; and 3) defendant's claim that he is constitutionally entitled to a right of access to DNA evidence is without merit and barred as it was never presented to the trial court.

Appellate Information

• Decided 10/15/2009
• Published 10/15/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• D. Todd Doss, Lake City, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Celia Terenzio, Assistant Attorney General, West Palm Beach, FL, for Appellee.