Opinion
No. SC13–444.
2014-03-14
Nelson SERRANO, Appellant(s) v. STATE of Florida, Appellee(s).
Nelson Serrano, a prisoner under sentence of death, appeals the circuit Court's partial denial of his motion for postconviction DNA testing and Comparisons under Florida Rule of Criminal Procedure 3.853. We have Jurisdiction. See art. V, § (3)(b)(1), Fla. Const. Due to the unique circumstances of this case, we reverse the circuit court and remand for further testing and comparisons of the two cigarette butts that were discovered outside the crime scene. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.