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GIRLEY v. STATE

No. 1D05-5967.

935 So.2d 55 (2006)

George GIRLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 31, 2006.

Attorney(s) appearing for the Case

Michael Ufferman, Appearing in conjunction with the Florida Innocence Project, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. On January 14, 1985, the appellant was convicted of sexual battery, robbery, and kidnaping. The appellant filed a rule 3.853 motion seeking DNA testing of biological material collected from the victim after the sexual assault. The appellant alleged that he is innocent, that identity was a material issue at trial...

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