Supreme Court of Florida

In a criminal matter concerning the admission of DNA evidence to trial, order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853 is affirmed where: 1) criminal-appellant's first motion was filed before enactment of rule 3.853 and his later motion should be exempted from the rule's requirements; 2) criminal-appellant's motion was insufficiently pleaded under rule 3.853; 3) the standards for granting DNA testing vested broader discretion in the trial court prior to the enactment of the statute and rule and the court has consistently upheld application of the statute and rule to motions decided after their enactment; and 4) the trial court did not err in concluding that criminal-appellant's motion did not meet requirements of rule 3.853.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Ira W. Still, III, Coral Springs, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, FL, for Appellee.