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Brim v. State

12 So. 3d 923, 2009 Fla. App. LEXIS 9974, 2009 WL 2096010
District Court of Appeal of Florida·Decided July 17, 2009·No. No. 2D08-2106·Published

Opinion

PER CURIAM.

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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Brim v. State, 12 So. 3d 923, 2009 Fla. App. LEXIS 9974, 2009 WL 2096010 (Fla. Ct. App. 2009).

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Related

Moore v. State
903 So. 2d 238 (District Court of Appeal of Florida, 2005)