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GALLOWAY v. STATE

No. 1D01-959.

802 So.2d 1173 (2001)

Donald GALLOWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 19, 2001.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, and Sherri T. Rollison, Assistant Attorney General, Tallahassee, for appellee.

WOLF, J.

Appellant, who was convicted in 1979 along with two co-defendants of two counts of robbery and one count of sexual battery, challenges an order denying his motion for postconviction deoxyribonucleic acid (DNA) testing. During the pendency of this appeal, the Florida Supreme Court adopted rule 3.853 of the Florida Rules of Criminal Procedure, which provides the procedure for obtaining postconviction DNA testing under new legislation authorizing such testing...

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