Borland v. State

848 So.2d 1288 (2003)

Mark BORLAND, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-3472.

District Court of Appeal of Florida, Second District.

July 16, 2003.

KELLY, Judge.

Mark Borland appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse and remand for further proceedings.

In 1990, Borland was convicted after a jury trial of capital sexual battery for performing oral sex on the male victim. In his motion, Borland seeks DNA testing of a rape kit and clothes allegedly taken from the victim at the hospital…