MENENDEZ v. STATE

No. 3D08-2481.

41 So.3d 1066 (2010)

Reinaldo MENENDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 11, 2010.


Attorney(s) appearing for the Case

Reinaldo Menendez, in proper person.

Bill McCollum, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE and SALTER, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

This is an appeal of an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. We affirm.

Defendant-appellant Reinaldo Menendez pled guilty to second-degree murder in 2000. In 2008, he filed a motion for DNA testing. The State filed a response, arguing that the defendant was not entitled to DNA testing because he pled guilty. The State relied on Smith v. State, 854 So.2d 684

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