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MERSON v. STATE

No. 5D04-686.

876 So.2d 641 (2004)

Scotty MERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 18, 2004.

Attorney(s) appearing for the Case

Scotty Merson, Avon Park, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Scotty Merson appeals the summary denial of his Florida Rules of Criminal Procedure 3.853 motion for DNA testing. Merson was convicted in 1991 for the sexual battery of a child less than twelve years of age and burglary of a dwelling with a battery. Those convictions were affirmed in Merson v. State, 590 So.2d 428 (Fla. 5th DCA 1991).

The 3.853 motion alleges that a standard sexual assault kit was used to collect evidence from the victim...

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