Marsh v. State

852 So.2d 945 (2003)

Roy J. MARSH, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-1589.

District Court of Appeal of Florida, Second District.

August 27, 2003.

COVINGTON, Judge.

Roy J. Marsh challenges 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 further proceedings.

In 1987, a jury found Marsh guilty of sexual battery, engaging a child in sexual activity, and incest. In his motion, Marsh sought DNA testing of all the physical evidence that was gathered during the investigation of this case. The…