MURRAY v. STATE

No. 2D08-442.

1 So.3d 407 (2009)

Frederick L. MURRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 11, 2009.


DAVIS, Judge.

Frederick Murray challenges the postconviction court's order dismissing his pro se motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 and the order denying his motion for rehearing of that dismissal. Based on the record before this court and the concession of error by the State, we conclude that the postconviction court improperly dismissed Murray's rule 3.853 motion...

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