Thompson v. State

922 So.2d 383 (2006)

Albert B. THOMPSON, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-4641.

District Court of Appeal of Florida, Second District.

March 3, 2006.

Albert B. Thompson appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse and remand for an evidentiary hearing.

In 1969, Thompson was convicted of rape after a jury trial. In his postconviction motion, Thompson sought DNA testing of several items of evidence collected during the investigation of the rape charge. The postconviction court concluded…