Scott v. State

This case is before the Court on appeal from an order denying a motion for post-conviction DNA testing under Florida Rule of Criminal Procedure 3.853.1 For the reasons expressed below, we affirm.

FACTUAL AND PROCEDURAL HISTORY

In 1979, Paul Scott was convicted of the first-degree murder of James Alessi. Al-essi died from a compressed fracture of his skull after he sustained six blows to his head with a blunt object. Scott v. State, 411 So.2d 866, 867 (Fla.1982).

The evidence presented at trial revealed that, on the evening of the murder, Scott and his coperpetrator, Richard Kondian, told a third…