JOSEPH LUCKNER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-04-09
No. 3D08-440
Before GERSTEN, C.J., and COPE and LAGOA, JJ.
979 So. 2d 1121 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. The trial court erred, in part, by denying the motion for lack of an oath because the motion is, in fact, sworn. We agree with the trial court, however, that the motion is facially insufficient regarding Rule 3.853(b)(3) and (4). Appellant may re- plead in the trial court if he has a good-faith basis to do so.

Affirmed.

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  • Stucky v. State, 251 So. 3d 356 (Fla. 5th DCA 2018)
    …insufficient. See Fla. R. Crim. P. 3.853(c)(2). We agree and affirm without prejudice. Appellant may refile a facially sufficient motion if he can do so in good faith. See Rosa v. State , 147 So. 3d 583, 584 (Fla. 4th DCA 2014) ; Luckner v. State , 979 So. 2d 1121, 1121-22 (Fla. 3d DCA 2008). AFFIRMED. COHEN, C.J., LAMBERT and EISNAUGLE, JJ., concur.…
  • Stucky v. State (Fla. 5th DCA 2018)

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