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KELLEY v. STATE

No. SC06-1574.

974 So.2d 1047 (2007)

William H. KELLEY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied February 4, 2008.

Attorney(s) appearing for the Case

Christine R. Davis, Sylvia H. Walbolt and James R. Wiley of Carlton Fields, P.A., Tallahassee, FL, and Kevin Jon Napper and Mac Richard McCoy of Carlton Fields, P.A., Tampa, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, FL, and Carol M. Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.

David Loftis, New York, NY, on behalf of The Innocence Project, Inc., as Amicus Curiae.

PER CURIAM.

William H. Kelley appeals an order of the circuit court denying his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. We affirm the circuit court's denial of Kelley's motion for postconviction DNA testing.

FACTS AND PROCEDURAL HISTORY

William Kelley was indicted for the October 3, 1966, contract murder of Charles Von Maxcy, a wealthy citrus...

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