HELTON v. STATE

No. 3D04-1133.

947 So.2d 495 (2006)

Kris Edward HELTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 13, 2007.


Attorney(s) appearing for the Case

Mel Black, for appellant.

Charles J. Crist, Attorney General, and Erin Kinney and Jennifer Moore, Assistant Attorneys General for appellee.

Before COPE, C.J., and GERSTEN, and WELLS, JJ.


WELLS, Judge.

Kris Edward Helton appeals from denial of his rule 3.853 motion for postconviction DNA testing. We affirm.

Helton was convicted in 1992 for the murder of twenty-two month old Marshall Gunderson. At the time of Marshall's death, Helton was living with Marshall's mother, Marcella Gunderson and her three sons, Michael, age four, Matthew, age six, and Marshall.

On the evening of Marshall's death, Helton arrived home around 9:30 p.m. Marshall...

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