CLARENCE BURGESS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLARENCE BURGESS, APPELLANT,
STATE OF FLORIDA, APPELLEE
862 So. 2d 943
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Clarence Burgess appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the trial court’s denial of the motion on the ground that it is facially insufficient. See Saffold v. State, 850 So. 2d 574 (Fla. 2d DCA 2003); Fla. R.Crim. P. 3.853(b)(3), (4). Our affirmance is without prejudice to any right Burgess may have to file a facially sufficient motion within sixty days from the date of the issuance of the mandate in this case. See Saffold, 850 So. 2d at 577-78; Cherryhomes v. State, 857 So. 2d 277 (Fla. 2d DCA 2003).
Affirmed.
FULMER, VILLANTI, and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gray v. State, 868 So. 2d 633 (Fla. 2d DCA 2004)…. 2d DCA 2003); Fla. R.Crim P. 3.850(b)(4). Our affirmance is without prejudice to any right Gray may have to file a facially sufficient motion within sixty [*634] days from the date of the issuance of the mandate in this case. See Burgess v. State, 862 So. 2d 943 (Fla. 2d DCA 2004). Affirmed. WHATLEY and WALLACE, JJ., Concur.…
Authorities Cited
- Saffold v. State, 850 So. 2d 574 (Fla. 2d DCA 2003)
- Allen v. State, 857 So. 2d 277 (Fla. 2d DCA 2003)