Opinion
No. 3D12-1132 Lower Tribunal No. 02-2832
06-06-2012
Jessie Levon Dyson, Appellant, v. The State of Florida, Appellee.
Jessie Levon Dyson, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County, Bronwyn C. Miller, Judge.
Jessie Levon Dyson, in proper person.
Pamela Jo Bondi, Attorney General, for appellee. Before SUAREZ, ROTHENBERG and EMAS, JJ.
PER CURIAM.
Affirmed. See Hitchcock v. State, 866 So. 2d 23, 27 (Fla. 2004) (holding "[A] movant, in pleading the requirements of rule 3.853, must lay out with specificity how the DNA testing of each item requested to be tested would give rise to a reasonable probability of acquittal or a lesser sentence. In order for the trial court to make the required findings, the movant must demonstrate the nexus between the potential results of DNA testing on each piece of evidence and the issues in the case."); Von Poyck v. State, 908 So. 2d 326, 330 (Fla. 2005) (holding a capital defendant could not make requisite showing that DNA evidence proving he was not the "triggerman" would create reasonable probability of receiving a lesser sentence, where State's theory, jury's recommendation, and trial court's death sentence, was based primarily upon defendant's status as a major participant in crime, not upon his status as a triggerman).