PADGETT v. STATE

No. 1D08-5870.

15 So.3d 35 (2009)

James PADGETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 19, 2009.


Attorney(s) appearing for the Case

James Padgett, pro se, for Appellant.

Bill McCollum, Attorney General, and Natalie D. Kirk, 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. For the reasons discussed below, we reverse and remand.

After being convicted of aggravated battery, Appellant filed the instant motion requesting DNA testing on a knife allegedly held by the victim. Appellant asserts that DNA testing will reveal his blood on the knife, supporting his claim that he acted...

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