FREDDIE L. MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FREDDIE L. MORRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
940 So. 2d 1172
Florida District Court of Appeal, Second District (2006)
Positive Treatment
Cited by 1 case
Opinion of the Court
VILLANTI, Judge.
Freddie L. Morris appeals the summary dismissal of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 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.
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Canom Khadaya Williams v. State, 45 So. 3d 14 (Fla. 1st DCA 2010)…e, 969 So. 2d 1023 (Fla. 1st DCA 2007) (table); Sanders v. State, 965 So. 2d 128 (Fla. 1st DCA 2007) (table); Canty v. State, 954 So. 2d 1158 (Fla. 1st DCA 2007) (table); Davis v. State, 944 So. 2d 351 (Fla. 1st DCA 2006) (table); Williams v. State, 940 So. 2d 1172 (Fla. 1st DCA 2006) (table). It is one thing for counsel to argue for a change in the law in the face of these adverse decisions or for counsel to simply preserve an issue for purposes of subsequent review; but, it is an entirely different thing to…
Authorities Cited
- Harvey v. State, 925 So. 2d 1111 (Fla. 2d DCA 2006)
- Artis Scarborough v. State, 906 So. 2d 379 (Fla. 2d DCA 2005)