BROWN v. STATE

No. 1D07-1353.

967 So.2d 398 (2007)

Ricco Richardo Narales BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 19, 2007.


Attorney(s) appearing for the Case

Ricco Richardo Narales Brown, pro se, Appellant.

Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant challenges the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse.

Appellant seeks testing of a Halloween mask and bandana allegedly worn by the perpetrator of the crimes. He asserts that the DNA test would exonerate him because there was no other physical evidence and the case was based on "circumstantial contradictory testimony of the victims." He also alleges...

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