WILLIAM HARVEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rosa v. State, 147 So. 3d 583 (Fla. 4th DCA 2014)
  …cient motion.” Bain v. State, 963 So. 2d 913, 914 (Fla. 2d DCA 2007). The State acknowledges that typically our affir-mance of a denial like this would be without prejudice to the refiling of a facially sufficient motion. See, e.g., Harvey v. State, 925 So. 2d 1111 (Fla. 2d DCA 2006); Lemay v. State, 921 So. 2d 853 (Fla. 2d DCA 2006). [*584] We agree that the motion was facially insufficient because it did not assert that identity was a genuinely disputed issue in this case. Fla. R. Crim. P. 3.853(b)(4). Appel…
• Bain v. State, 963 So. 2d 913 (Fla. 2d DCA 2007)
  …DNA evidence examination also was timely, it is facially insufficient. Ordinarily, a facially insufficient rule 3.853 motion should be dismissed or denied without prejudice to the refiling of a facially sufficient motion. See, e.g., Harvey v. State, 925 So. 2d 1111 (Fla. 2d DCA 2006); Lemay v. State, 921 So. 2d 853 (Fla. 2d DCA 2006); Scarborough v. State, 906 So. 2d 379 (Fla. 2d DCA 2005). However, Bain requests the same [*915] relief for the same reasons in both motions. In light of our holding on Bain’s pro…
• Morris v. State, 940 So. 2d 1172 (Fla. 2d DCA 2006)
  …3.853. We affirm the postconviction court’s dismissal of the motion because it is facially insufficient. Our affirmance is without prejudice to any right Morris might have to file a timely facially sufficient rule 3.853 motion. See Harvey v. State, 925 So. 2d 1111 (Fla. 2d DCA 2006); Scarborough v. State, 906 So. 2d 379 (Fla. 2d DCA 2005). Affirmed. STRINGER and LaROSE, JJ., concur.…

Authorities Cited

• Artis Scarborough v. State, 906 So. 2d 379 (Fla. 2d DCA 2005)