Holton v. State

Appellant, Billy Joe Holton, who was convicted of burglary with an assault, aggravated assault, sexual battery, kidnapping, and robbery with a deadly weapon, appeals the trial court’s order summarily denying his Motion for Post-Conviction Relief and to Vacate Judgment and Sentence filed pursuant to Florida Rule of Criminal Procedure 3.850, arguing in part that the record does not conclusively refute his claim that the newly discovered DNA evidence that is a match to his co-defendant would probably produce an acquittal on retrial. We agree and, therefore, reverse and remand for an evidentia-ry…