Legal Opinion

Brim v. State

District Court of Appeal of Florida

Decided July 17, 2009No. 2D08-2106Published

1Per curiam

Robert James Brim appeals the denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the denial without prejudice to any right Brim may have to raise a claim of bad faith destruction of the evidence under Florida Rule of Criminal Procedure 3.850. See Moore v. State, 903 So.2d 238, 239-40 (Fla. 2d DCA 2005).

Affirmed.

FULMER, DAVIS, and SILBERMAN, JJ., Concur.

2Cases cited1 opinion

  1. Moore v. StateDistrict Court of Appeal of Florida · 2005