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BRIM v. STATE

No. 2D08-2106.

12 So.3d 923 (2009)

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

District Court of Appeal of Florida, Second District.

July 17, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Robert James Brim appeals the denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the denial without prejudice to any right Brim may have to raise a claim of bad faith destruction of the evidence under Florida Rule of Criminal Procedure 3.850. See Moore v. State, 903 So.2d 238, 239-40 (Fla. 2d DCA 2005).

Affirmed.

FULMER, DAVIS...

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