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DELIDLE v. STATE

No. 5D03-3234.

866 So.2d 748 (2004)

Arthur C. DELIDLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 2004.

Attorney(s) appearing for the Case

Arthur C. Delidle, Indiantown, pro se.

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

THOMPSON, J.

Arthur C. Delidle appeals the summary denial of this motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.853. Relying upon Zollman v. State, 854 So.2d 775 (Fla. 2d DCA 2003) and Borland v. State, 848 So.2d 1288 (Fla. 2d DCA 2003), Delidle argues the trial court should have afforded him an evidentiary hearing to determine if DNA evidence...

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