Shamir J. Suber v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SHAMIR J. SUBER, Appellant, v. Case No. 5D15-2554 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 4, 2015 3.853 Appeal from the Circuit Court for Orange County, Jenifer M. Davis, Judge. Shamir J. Suber, Mayo, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Because the trial court summarily denied the motion for DNA testing without ordering the State to respond, we reverse. Harris v. State, 40 Fla. L. Weekly D939 (Fla. 2d DCA Apr. 22, 2015); Cheshire v. State, 872 So. 2d 427, 428 (Fla. 5th DCA 2004). REVERSED AND REMANDED. TORPY, COHEN, and BERGER, JJ., concur.
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