Consalvo v. State

This case is before the Court on appeal from an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction of the appeal under article V, section 3(b)(1), Florida Constitution.

Proceedings to Date

The facts of this case have been set out in our previous opinions in Consalvo v. State, 697 So.2d 805 (Fla.1996), and Consalvo v. State, 937 So.2d 555 (Fla.2006). We have previously characterized the proof of Consalvo’s guilt as…