RICARDO GONZALEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-08-11
No. 2D09-1951
KELLY and MORRIS, JJ„ Concur.
41 So. 3d 1050 Florida District Court of Appeal, Second District (2010) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ricardo Gonzalez appealed the denial of his motion for postconviction DNA testing in a lewd and lascivious battery case. The trial court summarily rejected his motion as facially insufficient under Florida Rule of Criminal Procedure 3.853. The appellate court reversed, finding that Gonzalez's allegations of innocence and explanation of how DNA evidence could exonerate him satisfied the facial sufficiency requirements.


Holding

The appellate court held that Gonzalez's motion was facially sufficient under both Rule 3.853(b)(3) and (b)(4). Under (b)(3), given the binary nature of the crime charged (either Gonzalez had intercourse with the victim or he did not), his assertion of innocence combined with allegation that unprocessed rape kit evidence existed was sufficient. Under (b)(4), although identity was not disputed, Gonzalez adequately explained how DNA testing would exonerate him, which satisfies the rule written in the alternative.


Headnotes

[1] A motion for postconviction DNA testing is facially sufficient if it alleges innocence and explains how DNA evidence would exonerate the movant.

[2] A motion for postconviction DNA testing is facially sufficient if it alleges that identification is a genuinely disputed issue or explains how DNA evidence would exonerat…

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Key Quotes

“To determine whether the allegations in a motion for DNA testing are facially sufficient under rule 3.853(b), the court must consider the facts of the particular crime for which the movant was convicted.”

Establishes the standard for evaluating facial sufficiency of DNA testing motions based on the specific crime's characteristics

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Facts & Procedural History

Gonzalez was convicted by jury of lewd and lascivious battery involving a thirteen-year-old girl. Several hours after the alleged intercourse, the vic…

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Opinion of the Court
NORTHCUTT, Judge.

*1051NORTHCUTT, Judge.

A jury convicted Ricardo Gonzalez of lewd and lascivious battery based on a charge that he had sexual intercourse with a thirteen-year-old girl. Subsequently he filed a motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. The circuit court summarily denied the motion as facially insufficient. We reverse and remand for further proceedings.

Rule 3.853(b) prescribes the required contents of a motion for posteonvietion DNA testing. The postconviction court found that Gonzalez’s motion was facially insufficient because he did not allege his innocence and how the evidence would exonerate him, or allege that his identity was a genuinely disputed issue in the case. See Fla. R.Crim. P. 3.853(b)(3), (4).

To determine whether the allegations in a motion for DNA testing are facially sufficient under rule 3.853(b), the court must consider the facts of the particular crime for which the movant was convicted. Helton v. State, 947 So.2d 495, 498 (Fla. 3d DCA 2006). The crime charged in this case did not involve multiple perpetrators or multiple victims; either Gonzalez had sexual intercourse with the victim or he did not. His motion asserted his innocence and stated that several hours after the alleged intercourse occurred the victim was taken to a hospital where evidence was obtained through a “rape kit” procedure.1 He alleged that the State never sought samples of his DNA and never processed the rape kit evidence. He insisted that if his DNA were compared with the evidence in the rape kit, he would be exonerated of all criminal charges. Cf. Bates v. State, 3 So.3d 1091, 1099-1100 (Fla.2009) (recognizing that the results of a DNA test for semen in a victim’s vagina could be critical evidence in a rape prosecution). Under the facts of this case, Gonzalez’s motion was facially sufficient under rule 3.853(b)(3).

The motion was also facially sufficient under rule 3.853(b)(4). That rule is written in the alternative: the movant must allege that identification is a genuinely disputed issue or he must explain how the DNA evidence would exonerate him. As the court in Crow v. State, 866 So.2d 1257 (Fla. 1st DCA 2004), explained, the *1052rule of procedure governing DNA testing is broader than the statute addressing the same subject matter. Section 925.11(2)(a)(4), Florida Statutes (2007), mandates that a motion allege “identification of the defendant is a genuinely disputed issue in the case, and why it is an issue.” The Crow court thoroughly analyzed why the rule of procedure controls over the statute and we agree with its reasoning. Although Gonzalez’s motion did not allege that identification was an issue, it did, as previously discussed, explain how DNA testing would exonerate him. Accordingly, the motion was facially sufficient under rule 8.853(b)(4).

We reverse the postconviction court’s denial of Gonzalez’s motion and remand for further proceedings under rule 8.853(c).

KELLY and MORRIS, JJ„ Concur.


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Citator

Cited By

  • Bing v. State, 268 So. 3d 192 (Fla. 2d DCA 2018)
    …ssue in the case and why it is an issue or an explanation of how the DNA evidence would either exonerate the defendant or mitigate the sentence that the movant received." Fla. R. Crim. P. 3.853(b)(4) (emphasis added); see also Gonzalez v. State, 41 So. 3d 1050, 1051 (Fla. 2d DCA 2010) ("[Rule 3.853(b)(4)] is written in the alternative: the movant must allege that identification is a genuinely disputed issue or he must explain how the DNA evidence would exonerate him."). Bing's allegations were faciall…

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