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LEE v. STATE

No. 1D10-0173.

54 So.3d 573 (2011)

Craig Lydell LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 7, 2011.

Attorney(s) appearing for the Case

Gerard M. Virga , Panama City, for Appellant.

Pamela Jo Bondi , Attorney General, and Charlie McCoy , Senior Assistant Attorney General, Tallahassee, for Appellee.

WOLF, J.

Appellant challenges the trial court's dismissal of his motion for postconviction DNA testing which he filed pursuant to Florida Rule of Criminal Procedure 3.853 and section 925.11, Florida Statutes. Appellant raises several issues but we address only one: whether the trial court erred in finding appellant was precluded from seeking postconviction DNA testing because he was resentenced after violating probation. We find the trial court erred and reverse and...

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