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Florida District Courts of Appeal, 2009

Brim v. State

Brim v. State
Florida District Courts of Appeal · Decided July 17, 2009 · Davis, Fulmer, Silberman
12 So. 3d 923; 2009 Fla. App. LEXIS 9974; 2009 WL 2096010 (Southern Reporter, Third Series)

Brim v. State

Opinion of the Court

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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