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Bain v. State, Case No. 2D08-1640 (Fla. App. 4/22/2009) (Fla. App., 2009)

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JAMES BAIN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-1640. District Court of Appeal of Florida, Second District. Opinion filed April 22, 2009.Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County, Steven L. Selph, Judge. THOMAS M. GALLEN, Associate Senior Judge. James Bain appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse and remand for an evidentiary hearing. After a jury trial in 1974, Bain was convicted of rape, burglary with an assault, and kidnapping. He was sentenced to life in prison. He filed the instant rule 3.853 motion in 2006. In his motion, Bain sought DNA testing of the victim’s underwear and pajamas which were allegedly introduced by the State at trial because they contained Bain’s blood, saliva, and semen...continue to full post

Full post as published by Florida Criminal Law Opinions on April 22, 2009 (boomark / email).