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NEWBERRY v. STATE

No. 4D02-2155.

827 So.2d 387 (2002)

Richard L. NEWBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 9, 2002.

Attorney(s) appearing for the Case

Richard L. Newberry, South Bay, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant, Richard L. Newberry, appeals a circuit court order striking his motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. The circuit court struck the motion believing that it lacked jurisdiction due to a pending appeal by appellant from separate circuit court orders denying his 3.850 motion for post conviction relief. This was error as the motions were wholly unrelated. Cf. Norman v. State, 739...

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