Notice of appeal filed in Wayne Tompkins

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CASE NO. 84-CF-010538 STATE OF FLORIDA,

Plaintiff,

v. WAYNE TOMPKINS, Defendant. __________________________/
NOTICE OF APPEAL

WAYNE TOMPKINS, Defendant in the above-captioned action, files this, his notice of appeal, in order to appeal to the Florida Supreme Court the February 10, 2009, order that denied Mr. Tompkins’ motion to vacate judgment and sentence and that denied Mr. Tompkins’ motion for DNA testing of evidence in the possession of the State. Mr. Tompkins also appeals to the Florida Supreme Court all adverse rulings made by the circuit court during the pendency of Mr. Tompkins’ motion to for post conviction relief that was initially served on February 5, 2009, and adverse rulings made by the circuit court during the pendency of Mr. Tompkins’ motion for DNA testing that was initially served on December 1, 2008.

I HEREBY CERTIFY that a true copy of the foregoing Notice of Appeal has been furnished by mail, to Jalal Harb, Assistant State Attorney, Office of the State Attorney, 800 East Kennedy Blvd., 5th Floor, Tampa, FL 33602-4148; Scott Browne, Assistant Attorney General, Department of Legal Affairs, 3507 Frontage

Road, Suite 200, Tampa, FL 33607 on February 10, 2009.

MARTIN McCLAIN Special Assistant CCRC-SouthFlorida Bar No. 0754773 141 N.E. 30th Street Wilton Manors, FL 33334

(305) 984-8344

NEAL DUPREE CCRC-South 101 NE 3rd Ave., Suite 400 Fort Lauderdale, FL 33301

(954) 713-1284

Counsel for Mr. Tompkins

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