EDDY V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003 DAVID ANTHONY EDDY, ** Appellant, ** vs. ** THE STATE OF FLORIDA, ** Appellee. CASE NO.:3D03-3178 LOWER TRIBUNAL NO.:91-11706 ** Opinion filed December 24, 2003. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Diane Ward, Judge. David Anthony Eddy, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before SCHWARTZ, C.J., and GERSTEN, and WELLS, JJ. PER CURIAM. Affirmed. See §925.11(2)(a), Fla. Stat. (2003)( petition for postsentencing DNA testings must be made under oath ); Fla.R.Crim.P. 3.853(b) ( motion for postconviction DNA testing must be under oath ).

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