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ESPINOZA v. STATE

No. 3D08-2720.

13 So.3d 1088 (2009)

Pedro Pablo ESPINOZA, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 7, 2009.

Attorney(s) appearing for the Case

Pedro Pablo Espinoza, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for respondent.

Before RAMIREZ, C.J., and COPE, J., and SCHWARTZ, Senior Judge.

COPE, J.

This is a petition for writ of mandamus which seeks to compel additional findings by the trial court in proceedings relating to DNA testing. We deny the petition.

Pedro Pablo Espinoza filed a motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853. In the motion he alleged that he had been convicted of sexual battery and trespassing. He requested DNA testing of evidence in the case.

The State and counsel for defendant...

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