DYSON V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 12-1132

Case Date: 06/06/2012

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2012
Opinion filed June 6, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-1132 Lower Tribunal No. 02-2832 ________________

Jessie Levon Dyson,
Appellant, vs.

The State of Florida,
Appellee.

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).

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