Block v. State

ON MOTION FOR REHEARING

We withdraw our previously issued opinion in this case and substitute the following.

Robert Block appeals the summary denial of his motion for DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. For the reasons stated below, we hereby affirm in part, and reverse *994in part, and remand for a limited eviden-tiary hearing.

Block was convicted on charges of armed burglary, aggravated battery, and resisting arrest without violence. The battery was aggravated due to an allegation that Block used a knife found at the scene of the crime to stab the victim. Block…