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JONES v. STATE

No. 1D04-0315.

909 So.2d 382 (2005)

Earl M. JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 30, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Edward C. Hill, Jr., Special Counsel, Tallahassee, for Appellee.

PER CURIAM.

Because there is a reasonable probability that appellant Earl M. Jones would have been acquitted had the DNA evidence requested demonstrated that the blood samples found on a pair of jogging shoes and certain items of clothing removed from the crime scene neither matched his DNA nor that of the victim, we reverse and remand the order denying the post-conviction motion for DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853, with directions...

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