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BLOCK v. STATE

No. 4D04-1184.

885 So.2d 993 (2004)

Robert J. BLOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 3, 2004.

Attorney(s) appearing for the Case

Robert J. Block, Chattahoochee, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our previously issued opinion in this case and substitute the following.

Robert Block appeals the summary denial of his motion for DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. For the reasons stated below, we hereby affirm in part, and reverse in part, and remand for a limited evidentiary hearing.

Block was convicted...

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