02-0176 MARSH V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d02-176

Case Date: 04/10/2002

Plaintiff: 02-0176 MARSH

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002
AARON KEITH MARSH, ** Appellant, ** CASE NO. 3D02-176 vs. ** THE STATE OF FLORIDA, ** LOWER TRIBUNAL CASE NO. 86-21149 Appellee. **
Opinion filed April 3, 2002.
An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit

Court of Dade County, Lawrence A. Schwartz, Judge. Robert Finlay, for appellant. Robert A. Butterworth, Attorney General, for appellee.
Before COPE, FLETCHER, and RAMIREZ, JJ.
FLETCHER, Judge.
Aaron Keith Marsh appeals from the lower court's denial of

post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. In Marsh's current (his third) post-conviction motion, he
requests among other things that the rape kit evidence introduced at trial on a sexual battery charge be released for DNA testing. While we would be sympathetic to DNA testing in a case where it would be of value, this is not such a case. Marsh's request for DNA testing of the rape kit evidence is without merit, as any results would be superfluous because Marsh admitted that he was the person who had sexual intercourse with the victim. Marsh's unsuccessful defense at trial had been one of consensual sex, not identity. See

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