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CHESHIRE v. STATE

No. 5D03-620.

872 So.2d 427 (2004)

Steven CHESHIRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 7, 2004.

Attorney(s) appearing for the Case

Steven Cheshire, Indiantown, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Steven Cheshire appeals an order summarily denying his post-conviction motion for DNA testing. See Fla. R.Crim. P. 3.853. We reverse and remand for further proceedings.

Cheshire was charged with two counts of first-degree murder for the murder of his wife and Darrell Durbin. After a jury trial, Cheshire was convicted of both counts of first-degree murder and received the death penalty for the murder of his wife. After the death penalty...

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