Scarborough v. State

906 So.2d 379 (2005)

Artis SCARBOROUGH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-1318.

District Court of Appeal of Florida, Second District.

July 22, 2005.

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…