BLACKERT v. STATE

No. 2D13-3325.

141 So.3d 752 (2014)

Matthew C. BLACKERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 2014.


Attorney(s) appearing for the Case

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

Pamela Jo Bondi , Attorney General, Tallahassee, and John M. Klawikofsky , Assistant Attorney General, Tampa, for Appellee.


SLEET, Judge.

Matthew Blackert appeals the partial denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Because the postconviction court's denial of the motion as to the victim's clothing is not supported by competent, substantial evidence, we reverse that portion of the order. However, we affirm without comment the postconviction court's holding that the testing should be conducted by the Florida Department...

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