STUCKY v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Travis Ray STUCKY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-580

Decided: August 24, 2018

Travis Ray Stucky, Bushnell, pro se. No Appearance for Appellee.

The trial court denied Appellant's Florida Rule of Criminal Procedure 3.853 motion for DNA testing because it was facially insufficient. See Fla. R. Crim. P. 3.853(c)(2). We agree and affirm without prejudice. Appellant may refile a facially sufficient motion if he can do so in good faith. See Rosa v. State, 147 So.3d 583, 584 (Fla. 4th DCA 2014); Luckner v. State, 979 So.2d 1121, 1121–22 (Fla. 3d DCA 2008).

AFFIRMED.

PER CURIAM.

COHEN, C.J., LAMBERT and EISNAUGLE, JJ., concur.

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