[Download] "Scarborough v. State" by In the District Court of Appeal of Florida Second District * eBook PDF Kindle ePub Free
eBook details
- Title: Scarborough v. State
- Author : In the District Court of Appeal of Florida Second District
- Release Date : January 22, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Artis Scarborough was convicted after jury trial of armed robbery of a supermarket. Scarborough appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.853 in which he sought DNA testing of a jacket that Scarborough alleges was recovered by the police at or near the supermarket. A review of the motion reveals that Scarborough made a sufficient showing that his trial identification was in dispute within the meaning of rule 3.853(b)(4). See Saffold v. State, 850 So. 2d 574, 577 (Fla. 2d DCA 2003); Zollman v. State, 820 So. 2d 1059, 1062 (Fla. 2d DCA 2002). Scarborough did not make a facially sufficient showing under rule 3.853(b)(4) as to the relevance of DNA testing of the recovered jacket in exonerating him. See Hitchcock v. State, 866 So. 2d 23, 28 (Fla. 2004).
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