SAMUEL CHESTNUT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Samuel Chestnut was convicted in 1976 of one count of kidnapping and one count of sexual battery. He seeks review of the trial court’s order that denied his motion requesting that DNA testing be performed on certain physical evidence. We reverse the trial court’s order and remand for the trial court to conduct a hearing, pursuant to rule 3.853, and make a factual determination as to whether the evidence still exists for testing. We have reviewed the order for disposition, and accompanying certification of destruction. We find that the unsworn certification creates a factual dispute surrounding the destruction of the evidence at issue. See e.g. Warren v. State, 884 So. 2d 1074 (Fla. 2nd DCA 2004), Fla. Stat. § 28.213.
GUNTHER, GROSS and TAYLOR, JJ., concur.
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Chestnut v. State, 932 So. 2d 496 (Fla. 4th DCA 2006)…viction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. By previous order, following this court’s remand, the trial court issued an order permitting Chestnut to file a renewed rule 3.853 motion within sixty days. Chestnut v. State, 900 So. 2d 624 (Fla. 4th DCA 2005). Chesnut moved for an extension of that deadline. The trial court denied the extension request as moot, reasoning that it was untimely. We find that the motion for extension was timely, having been filed before the sixty-day de…
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- Warren v. State, 884 So. 2d 1074 (Fla. 2d DCA 2004)