CARBONELL v. STATE (2021)

District Court of Appeal of Florida, Third District.

Felix CARBONELL, Appellant, v. The STATE of Florida, Appellee.

No. 3D21-0689

Decided: July 07, 2021

Before EMAS, HENDON, and MILLER, JJ.

Felix Carbonell, in proper person. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Affirmed. See Bates v. State, 218 So. 3d 426, 427 (Fla. 2017) (Examining a successive motion for postconviction DNA testing and holding, “[b]ecause Bates seeks to relitigate questions of law already decided by [the Florida Supreme Court], his claims as to these seven items are procedurally barred.”) (citation omitted); see also Zeigler v. State, 116 So. 3d 255, 258 (Fla. 2013) (“It is the defendant's burden to explain, with reference to specific facts about the crime and the items requested to be tested, how the DNA testing will exonerate the defendant of the crime or will mitigate the defendant's sentence.”) (citations omitted); Fla. R. Crim. P. 3.853(c)(5)(C) (When ruling on a motion for postconviction DNA testing, the court must determine “[w]hether there is a reasonable probability that the movant would have been acquitted or would have received a lesser sentence if the DNA evidence had been admitted at trial.”).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network