RODRIGUEZ v. STATE (2025)

District Court of Appeal of Florida, Third District.

Robert RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

No. 3D25-0436

Decided: April 23, 2025

Before MILLER, GORDO and BOKOR, JJ.

Robert Rodriguez, in proper person. James Uthmeier, Attorney General, for appellee.

Affirmed. See Hitchcock v. State, 866 So. 2d 23, 27–28 (Fla. 2004) (“Rule 3.853 is not intended to be a fishing expedition․ It was Hitchcock's burden to explain, with reference to specific facts about the crime and the items he wished to have tested, ‘how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or ․ will mitigate the sentence received by the movant for that crime.’ He has not met that burden.” (quoting in part Fla. R. Crim. P. 3.853(b)(3))).

PER CURIAM.

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