RAFAEL TOIRAC-AGUILERA
v.
THE STATE OF FLORIDA
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A defendant's motion for postconviction DNA testing must demonstrate with specificity how the DNA testing of each item would give rise to a reasonable probability of acquittal or a lesser sentence, and failure to establish this nexus warrants denial of the motion.
[1] A defendant seeking postconviction DNA testing must demonstrate with specificity and reference to the facts of the crime how the DNA testing of each item would give rise…
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Join FLexlaw to unlock all legal intelligence“The clear requirement of these provisions is that a movant, in pleading the requirements of rule 3.853, must lay out with specificity how the DNA testing of each item requested to be tested would give rise to a reasonable probability of acquittal or a lesser sentence.”
Hitchcock v. State standard for DNA testing motions
Rafael Toirac-Aguilera appealed the trial court's denial of his motion for postconviction DNA testing in a criminal case from Miami-Dade County.…
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Third District Court of Appeal State of Florida
Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0857 Lower Tribunal No. F09-40479 ________________
Rafael Toirac-Aguilera, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Rafael Toirac-Aguilera, in proper person.
Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellee.
Before EMAS, GORDO and LOBREE, JJ.
PER CURIAM.
3 defendant's burden to explain, with reference to specific facts about the crime and the items requested to be tested, how the DNA testing will exonerate the defendant of the crime or will mitigate the defendant's sentence.’ And, when the defendant cannot show that DNA will prove or negate a material fact, the request for testing should be denied.” (quoting Robinson v. State, 865 So. 2d 1259, 1265 (Fla. 2004))); Overton v. State, 976 So. 2d 536, 569 (Fla. 2007) (affirming denial of postconviction DNA testing because it would not prove or disprove any material fact); King v. State, 808 So. 2d 1237, 1247–49 (Fla. 2002) (affirming denial of DNA testing when defendant could not show that the result would raise a reasonable probability of acquittal); Galloway v. State, 802 So. 2d 1173, 1175 (Fla. 1st DCA 2001) (affirming denial of DNA testing, concluding that a mere allegation that the DNA would not match was insufficient to establish that the defendant was not participant in the crime).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Amos Lee King v. State, 808 So. 2d 1237 (Fla. 2002)
- Robinson v. State, 865 So. 2d 1259 (Fla. 2004)
- Overton v. State, 976 So. 2d 536 (Fla. 2007)
- Baker v. State, 802 So. 2d 1173 (Fla. 1st DCA 2001)
- Kayle Barrington Bates v. State, 3 So. 3d 1091 (Fla. 2009)
- Scott v. State, 46 So. 3d 529 (Fla. 2009)