Delidle v. State

Arthur C. Delidle appeals the summary denial of this motion -for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.853. Relying upon Zollman v. State, 854 So.2d 775 (Fla. 2d DCA 2003) and Borland v. State, 848 So.2d 1288 (Fla. 2d DCA 2003),. Delidle argues the trial court should have afforded him an evidentiary hearing to determine if DNA evidence existed. We disagree and affirm.

In 1992, Delidle entered pleas of guilty to sexual battery while armed and robbery with a deadly weapon. He was sentenced to concurrent 40-year sentences, as agreed in the plea…