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MITCHELL v. STATE

No. 4D15-1412.

179 So.3d 407 (2015)

Rufus MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2015.

Attorney(s) appearing for the Case

Rufus Mitchell, Crawfordville, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melynda L. Melear , Assistant Attorney General, West Palm Beach, for appellee.

Rufus Mitchell appeals an order summarily denying his motion for postconviction DNA testing, filed pursuant to rule 3.853, Florida Rules of Criminal Procedure. We reverse and remand because the record does not conclusively refute his claim.

After a jury trial, Mitchell was found guilty of (I) of sexual battery with threat to use force...

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