Ochala v. State

Robert P. Ochala, who was convicted of various crimes in connection with a burglary, appeals an order denying his motion for DNA testing of a glove recovered from the crime scene. The trial court denied the motion because the court concluded the motion was a successive motion. Because we find the motion was not a successive motion, we reverse and remand for further proceedings.

In 2002, appellant was convicted of burglary of a structure while armed, attempted second degree murder, grand theft of a firearm, and possession of burglary tools. He received a life sentence. In March 2009, on the…