TRAVIS RAY STUCKY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
TRAVIS RAY STUCKY, APPELLANT,
STATE OF FLORIDA, APPELLEE.
251 So. 3d 356
Florida District Court of Appeal, Fifth District (2018)
Opinion of the Court
The trial court denied Appellant's Florida Rule of Criminal Procedure 3.853 motion for DNA testing because it was facially 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rosa v. State, 147 So. 3d 583 (Fla. 4th DCA 2014)
- Luckner v. State, 979 So. 2d 1121 (Fla. 3d DCA 2008)