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COM. v. SMITH

889 A.2d 582 (2005)

COMMONWEALTH of Pennsylvania, Appellee, v. Eric E. SMITH, Appellant.

Superior Court of Pennsylvania.

Filed December 7, 2005.

Attorney(s) appearing for the Case

Richard R. Pugh, Lancaster, for appellant.

Kelly M. Sekula, Assistant District Attorney, Lancaster, for Commonwealth, appellee.

Before: DEL SOLE, P.J., KLEIN and BECK, JJ.

OPINION BY BECK, J.:

¶ 1 Appellant Smith challenges the denial of his motion for postconviction DNA testing. Finding that appellant did not meet the standard of the postconviction DNA testing statute, 42 Pa.C.S.A. § 9543.1, we affirm.

¶ 2 Appellant was convicted by jury on June 25, 2001 of the first degree murder of his girlfriend, whose nude body was found in the bedroom of her apartment with over...

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