ROBERT L. WARREN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the State's assertion of evidence non-existence, without more, cannot support summary denial of a facially sufficient motion for postconviction DNA testing.
Appellant sought postconviction DNA testing of evidence related to his rape conviction. The trial court summarily denied the motion, accepting the Sta…
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DAVIS, Judge.
Robert L. Warren appeals the summary denial of his motion for postconviction DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. Warren seeks to have DNA testing performed on evidence collected during the investigation that preceded his conviction for rape.
This court previously held that Warren’s rule 3.853 motion was facially sufficient and instructed the trial court to order the State to respond. See Warren v. State, 851 So. 2d 817 (Fla. 2d DCA 2003). After obtaining the State’s response, the trial court accepted the State’s conclusion that the evidence for which Warren requested DNA testing no longer exists. The trial court then summarily denied Warren’s rule 3.853 motion.
The documents provided by the State to show that the evidence listed in Warren’s motion for postconviction DNA testing no longer exists create a factual dispute as to whether the 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). 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 the evidence still exists for testing.
Reversed and remanded.
CASANUEVA and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Carter v. State, 913 So. 2d 701 (Fla. 3d DCA 2005)…hout considering the trial transcript or without the trial court conducting an evi-dentiary hearing.”); Borland v. State, 848 So. 2d 1288 (Fla. 2d DCA 2003)(same); Spaziano v. State, 879 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…
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Chestnut v. State, 900 So. 2d 624 (Fla. 4th DCA 2005)…for testing. We have reviewed the order for disposition, and accompanying certification of destruction. We find that the unsworn certification creates a factual dispute surrounding the destruction of the evidence at issue. See e.g. Warren v. State, 884 So. 2d 1074 (Fla. 2nd DCA 2004), Fla. Stat. § 28.213. GUNTHER, GROSS and TAYLOR, JJ., concur.…
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Thompson v. State, 922 So. 2d 383 (Fla. 2d DCA 2006)…ompson’s claim was moot. The postconviction court erred 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 a…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Borland v. State, 848 So. 2d 1288 (Fla. 2d DCA 2003)
- Garrison v. State, 884 So. 2d 290 (Fla. 2d DCA 2004)
- Warren v. State, 851 So. 2d 817 (Fla. 2d DCA 2003)