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KENT v. STATE

No. 5D04-2238.

884 So.2d 502 (2004)

Willie J. KENT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 8, 2004.

Attorney(s) appearing for the Case

Willie J. Kent, Raiford, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Willie J. Kent (defendant) appeals the final order entered by the trial court denying his rule 3.8531 motion for DNA testing. The trial court denied the motion as untimely because it was not filed within two years of the date the defendant's judgment and sentence became final. While the State commendably concedes that this ruling was improper because the Florida Supreme Court suspended the deadline for filing a rule 3.853 motion...

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