Dubose v. State

DAVIS, Judge.

Dwight Dubose appeals the summary denial of his motion for DNA testing filed *864pursuant to Florida Rule of Criminal Procedure 8.853. We reverse the postconviction court’s denial and remand for further proceedings.

On August 16, 2001, a jury convicted Dubose of first-degree murder and attempted robbery. He was sentenced to life imprisonment on the murder charge and a consecutive five-year term on the attempted robbery charge. On April 19, 2011, Dubose filed the current motion for DNA testing. After finding the motion to be facially sufficient, the postconviction court ordered a…