Summary
The Third District Court of Appeal of Florida affirmed the denial of Jean Gerome’s motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853. The court held that the State established that DNA testing had already been conducted on all items identified in the motion and that conclusive results had been provided to defense counsel before trial.
Holdings
- The trial court properly denied the motion because the requested items and materials had already undergone DNA testing, the results were conclusive, and those results had been provided to defense counsel before trial.
Questions Presented
- Whether the trial court properly denied Gerome's motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853 when the requested materials had already been tested and the conclusive results had been provided to his counsel before trial.
Disposition
affirmed
Cases Cited (1)
- Hitchcock v. State, 866 So. 2d 23, 27-28 (Fla. 2004)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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