HARRY JAMES ROBINSON, JR. vs STATE OF FLORIDA

Opinion

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., Appellant,

v. Case No. 5D22-2023 LT Case No. 2014-CF-1376

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed January 10, 2023

3.853 Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr., Judge.

Harry James Robinson, Jr., Daytona Beach, pro se.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Lambrix v. State, 217 So. 3d 977, 987 (Fla. 2017)

(“[A] trial court does not err in denying a motion for DNA testing where the defendant cannot show that there is a reasonable probability that the absence

2

or presence of DNA at a crime scene would exonerate him or lessen his sentence.”).

LAMBERT, C.J., EDWARDS and HARRIS, JJ., concur.