GORE v. STATE

No. SC07-678.

32 So.3d 614 (2010)

Marshall Lee GORE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

April 8, 2010.


Attorney(s) appearing for the Case

Frank J. Tassone, Jr., and Rick A. Sichta of Tassone and Sichta, LLC., Jacksonville, FL, for Appellant.

Bill McCollum, Attorney General, and Carolyn M. Snurkowski, Assistant Attorney General, Tallahassee, FL, for Appellee.


PER CURIAM.

Marshall Lee Gore, a prisoner under sentence of death, appeals the circuit court's order denying his motion for postconviction DNA testing, which was filed pursuant to Florida Rule of Criminal Procedure 3.853. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction of the appeal under article V, section 3(b)(1), of the Florida Constitution.

FACTS

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