ROBERT JAMES BRIM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT JAMES BRIM, APPELLANT,
STATE OF FLORIDA, APPELLEE
12 So. 3d 923
Florida District Court of Appeal, Second District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
Robert James Brim appeals the denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the denial without prejudice to any right Brim may have to raise a claim of bad faith destruction of the evidence under Florida Rule of Criminal Procedure 3.850. See Moore v. State, 903 So.2d 238, 239-40 (Fla. 2d DCA 2005).
Affirmed.
FULMER, DAVIS, and SILBERMAN, JJ., Concur.
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Citator
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Canseco v. State, 52 So. 3d 575 (Fla. 2010)…PER CURIAM. This case is before the Court for review of the decision of the First District Court of Appeal in Canseco v. State, 12 So. 3d 923 (Fla. 1st DCA 2009). In its decision, the district court ruled upon the following question, which the court certified to be of great public importance: WHETHER A DEFENDANT MAY OBTAIN THE BENEFIT OF A NEW TWO-YEAR WINDOW PERIOD UNDER STATE V. GREEN,…1 / 2
Authorities Cited
- Moore v. State, 903 So. 2d 238 (Fla. 2d DCA 2005)