ALBERT GRAY, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALBERT GRAY, SR., APPELLANT,
STATE OF FLORIDA, APPELLEE
868 So. 2d 633
Florida District Court of Appeal, Second District (2004)
Opinion of the Court
FULMER, Judge.
Albert Gray, Sr. appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Gray’s motion is facially insufficient, therefore, we affirm the trial court’s denial of the motion. See Saffold v. State, 850 So. 2d 574 (Fla. 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 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Saffold v. State, 850 So. 2d 574 (Fla. 2d DCA 2003)
- Burgess v. State, 862 So. 2d 943 (Fla. 2d DCA 2004)
- Michel v. State, 862 So. 2d 943 (Fla. 3d DCA 2004)