DONALD W. GARRISON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Warren v. State, 884 So. 2d 1074 (Fla. 2d DCA 2004)
  …he evidence still exists for testing. These documents cannot be relied on to support the summary denial of a facially sufficient rule 3.853 motion for postconviction relief. See Borland v. State, 848 So. 2d 1288 (Fla. 2d DCA 2003); Jakeway v. State, 884 So. 2d 290 (Fla. 2d DCA 2004). [*1075] Accordingly, we reverse the order of the trial court and remand for the trial court to conduct an evidentiary hearing, pursuant to the requirement set forth in rule 3.853, and make a factual determination as to whether th…
• Carter v. State, 913 So. 2d 701 (Fla. 3d DCA 2005)
  …So. 2d 51 (Fla. 5th DCA 2004)(same). See also Warren v. State, 884 So. 2d 1074 (Fla. 2d DCA 2004)(documents provided by state cannot [*703] be relied upon to support the summary denial of a facially sufficient rule 3.853 petition); Jakeway v. State, 884 So. 2d 290 (Fla. 2d DCA 2004)(police affidavit creates factual issue as to whether evidence exists and evidentiary hearing is required); Collins v. State, 869 So. 2d 723 (Fla. 4th DCA 2004)(record did not conclusively refute defendant’s claim of mistaken ident…
• Thompson v. State, 922 So. 2d 383 (Fla. 2d DCA 2006)
  …red in denying Thompson’s claim as moot. A decision by the postconviction court that DNA evidence does or does not exist is a factual finding and requires an evidentiary hearing. Warren v. State, 884 So. 2d 1074 (Fla. 2d DCA 2004); Jakeway v. State, 884 So. 2d 290 (Fla. 2d DCA 2004); Borland v. State, 848 So. 2d 1288 (Fla. 2d DCA 2003); see also Fla. R.Crim. P. 3.853(c)(3). The record does not contain any testimony or other evidence to support the State’s assertion that the DNA evidence no longer exists. Acco…