District Court of Appeal of Florida October 9, 2002, No. 4D02-2155 (Newberry v. State)

PER CURIAM.

Appellant, Richard L. Newberry, appeals a circuit court order striking his motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. The circuit court struck the motion believing that it lacked jurisdiction due to a pending appeal by appellant from separate circuit court orders denying his 3.850 motion for post conviction relief.