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BRIM v. STATE

No. 2D07-954.

969 So.2d 552 (2007)

Robert James BRIM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 2007.

NORTHCUTT, Chief Judge.

Robert James Brim challenges the summary denial of his motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 and section 925.11(1)(a)(2), Florida Statutes (2006). The postconviction court erroneously denied the motion based on its mistaken determination that the motion was untimely. Accordingly, we reverse and remand for further proceedings.

In July 2004, Brim filed...

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