OCHALA v. STATE

No. 1D12-0395.

93 So.3d 1167 (2012)

Robert P. OCHALA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 2, 2012.


Attorney(s) appearing for the Case

Melissa Montle and Seth E. Miller of Innocence Project of Florida, Inc., Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Donna A. Gerace , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Robert P. Ochala, who was convicted of various crimes in connection with a burglary, appeals an order denying his motion for DNA testing of a glove recovered from the crime scene. The trial court denied the motion because the court concluded the motion was a successive motion. Because we find the motion was not a successive motion, we reverse and remand for further proceedings.

In 2002, appellant was convicted of burglary of a structure while armed...

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