Bain v. State

963 So.2d 913 (2007)

James BAIN, Appellant,

v.

STATE of Florida, Appellee.

No. 2D06-5186.

District Court of Appeal of Florida, Second District.

August 29, 2007.

SALCINES, Judge.

James Bain appeals the summary denial of his motion for DNA evidence examination and his pro se motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the postconviction court's denial of the motion for DNA evidence examination. We reverse the denial of the Bain's pro se motion for DNA testing and remand for further proceedings.

On May 23, 1974, Bain was convicted of rape, burglary with an…