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ROSA v. STATE

No. 4D14-1496.

147 So.3d 583 (2014)

Hector ROSA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 27, 2014.

Attorney(s) appearing for the Case

Hector Rosa, Mayo, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm the trial court's order which summarily denied appellant's Florida Rule of Criminal Procedure 3.853 motion for DNA testing.

We disagree with the State's position that the motion was barred as successive. Appellant filed a prior motion for DNA testing of different items which was denied and affirmed by this Court on appeal. Rosa v. State, 881 So.2d 1125 (Fla. 4th DCA 2004). "[A]ppellant sought...

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