SWAIN v. STATE

No. 3D05-2321.

937 So.2d 1160 (2006)

Michael SWAIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 11, 2006.


Attorney(s) appearing for the Case

Michael Swain, in proper person.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE, C.J., and GREEN and CORTIÑAS, JJ.


PER CURIAM.

Michael Swain appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. We affirm.

In his Rule 3.850 motion defendant-appellant Swain alleges a due process violation in the destruction of potentially exculpatory evidence under Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988).

In 1976 defendant was convicted of burglary with...

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