Brim v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROBERT JAMES BRIM, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D08-2106 Opinion filed July 17, 2009. Appeal from the Circuit Court for Hillsborough County; Gregory P. Holder, Judge. James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Robert James Brim appeals the denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the denial without prejudice to any right Brim may have to raise a claim of bad faith destruction of the evidence under Florida Rule of Criminal Procedure 3.850. See Moore v. State, 903 So. 2d 238, 239-40 (Fla. 2d DCA 2005). Affirmed. FULMER, DAVIS, and SILBERMAN, JJ., Concur. -2-