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SCOTT v. STATE

No. 4D10-2990.

75 So.3d 392 (2011)

Jimmy J. SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 30, 2011.

Attorney(s) appearing for the Case

Jimmy J. Scott , Milton, pro se.

No appearance required for appellee.

PER CURIAM.

Appellant, Jimmy J. Scott, appeals the trial court's denial of his motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. Appellant alleges that DNA testing could establish that he was not present at the scene of the crime. However, this assertion directly contradicts Appellant's own testimony at trial in which he acknowledged that he was present at the scene and that he fired his gun in self defense.

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