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MOORE v. STATE

No. 2D04-2341.

903 So.2d 238 (2005)

Daniel Lee MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 22, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Daniel Lee Moore, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

In this Anders1 appeal, the circuit court denied Daniel Lee Moore's motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853, which alleged that DNA testing on certain physical evidence would exonerate Moore of the crimes of two counts of capital sexual battery. After an evidentiary hearing, the circuit court determined that no physical

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