CARDONA v. STATE

No. 4D09-3636.

109 So.3d 241 (2013)

Esdras CARDONA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 28, 2013.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, Margaret Good-Earnest , Assistant Public Defender, West Palm Beach (withdrawn after filing of initial brief), and Seth E. Miller and Michael J. Minerva , Innocence Project of Florida, Inc., Tallahassee, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellee.


LEVINE, J.

The issue presented is whether the trial court erred in not holding an evidentiary hearing before ordering specific procedures for DNA testing. The procedures include having the evidence in question cut and divided by the state's expert for the state to retain before appellant's private laboratory has an opportunity to perform DNA tests. Also at issue is whether the trial court erred in denying appellant's request to test hairs found on a T-shirt and bedding...

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