NEAL v. STATE

No. 4D05-2342.

914 So.2d 1084 (2005)

Eddie Termaine NEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 30, 2005.


Attorney(s) appearing for the Case

Eddie Termaine Neal, Indiantown, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Eddie Termaine Neal (Defendant) appeals from an order striking, for lack of jurisdiction, his motion for DNA evidence examination, filed pursuant to rule 3.853, Florida Rules of Criminal Procedure. We reverse and remand for the trial court to consider the merits of the motion.

In striking Defendant's rule 3.853 motion, the trial court explained that it lacked jurisdiction to consider the matter due to the pending appeal of the denial of Defendant...

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