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SPAZIANO v. STATE

No. 5D03-2657.

879 So.2d 51 (2004)

Joseph Robert SPAZIANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 3, 2004.

Attorney(s) appearing for the Case

Terrence E. Kehoe, Law Office of Terrence E. Kehoe, Orlando, and James M. Russ, Law Offices of James M. Russ, P.A., Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kenneth S. Nunnelley, Senior Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Joseph Robert Spaziano appeals an order denying his request for an evidentiary hearing during which the State would be required to prove its compliance with an earlier order granting his motion for postconviction deoxyribonucleic acid, ("DNA"), testing of certain evidence. Spaziano asserts he was denied due process of law because once the lower court had made the initial determination that his motion for post-conviction DNA testing was sufficient and ordered...

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