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Kevin E. THOMAS, Appellant, v. STATE of Florida, Appellee. No. 2D07-5896

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District Court of Appeal of Florida, Second District. Kevin E. THOMAS, Appellant, v. STATE of Florida, Appellee. No. 2D07-5896. Jan. 16, 2009. Appeal pursuant to Fla. R.App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Mark R. Wolfe, Judge. VILLANTI, Judge. *1 Kevin Thomas appeals from the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. The postconviction court denied Thomas’s motion as untimely. Because the motion was not untimely under rule 3.853 or section 925.11, Florida Statutes (2007), we reverse and remand for consideration on the merits. Thomas was convicted after a jury trial of multiple charges of sexual battery with a firearm, kidnapping with a firearm, burglary of a dwelling with assault with a deadly weapon, robbery with a firearm, grand theft motor vehicle, grand theft firearm, and conspiracy to commit armed burglary arising from events that occurred on April 20, 1992...continue to full post

Full post as published by Florida Criminal Law Opinions on January 16, 2009 (boomark / email).