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HAMPTON v. STATE

No. 3D04-3024.

924 So.2d 34 (2006)

Johnnie Lee HAMPTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 25, 2006.

Attorney(s) appearing for the Case

Johnnie Lee Hampton, in proper person.

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.

COPE, C.J.

Johnnie Lee Hampton appeals an order denying his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853. Because the record does not conclusively refute the claim of defendant-appellant Hampton, we remand for further proceedings.

The defendant was convicted of a sexual battery committed in 1973. The conviction was affirmed on appeal. See Hampton v. State,

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