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SMITH v. STATE

No. 2D03-1287.

854 So.2d 684 (2003)

Mathew L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 26, 2003.

CASANUEVA, Judge.

Mathew L. Smith challenges the summary denial of his motion for postconviction DNA testing filed pursuant to section 925.11(1)(a), Florida Statutes (2002), and Florida Rule of Criminal Procedure 3.853. We affirm.

Smith pleaded guilty to sexual battery. He now seeks DNA testing of certain evidence. Section 925.11(1)(a) provides that a defendant "who has been tried and found guilty of committing...

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