HARRY JAMES ROBINSON, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-08-05
No. 22-1609
Lambert, C.J., Evander, J., Wallis, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

A petition for belated appeal from a trial court's denial of a motion for postconviction DNA testing may be granted when timely filed with the appellate court.


Facts & Procedural History

Robinson sought postconviction DNA testing in a 2014 criminal case. The trial court denied his motion for DNA testing on March 23, 2022.…

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Opinion of the Court
Petition Granted. Lambert

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HARRY JAMES ROBINSON, JR.,

Petitioner,

v. Case No. 5D22-1609 LT Case No. 2014-CF-1376

STATE OF FLORIDA,

Respondent. ________________________________/ Opinion filed August 5, 2022 Petition for Belated Appeal A Case of Original Jurisdiction. Harry James Robinson, Jr., Daytona Beach, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the 2 March 23, 2022 order denying Petitioner’s motion for postconviction DNA testing filed in Case No. 2014-CF-1376, Seventh Judicial Circuit Court, Putnam County, Florida. See Fla. R. App. P. 9.141(c)(6)(D). PETITION GRANTED. LAMBERT, C.J., EVANDER and WALLIS, JJ., concur.


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