ROBERT RODRIGUEZ
v.
STATE OF FLORIDA
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A defendant seeking DNA testing under Florida Rule of Criminal Procedure 3.853 must explain with reference to specific facts how the testing will exonerate him or mitigate his sentence, and a motion that fails to meet this burden may be denied.
[1] A defendant seeking DNA testing under Florida Rule of Criminal Procedure 3.853(b)(3) bears the burden of explaining with reference to specific facts about the crime and i…
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Join FLexlaw to unlock all legal intelligence“Rule 3.853 is not intended to be a fishing expedition. . . . It was Hitchcock's burden to explain, with reference to specific facts about the crime and the items he wished to have tested, 'how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or . . . will mitigate the sentence received by the movant for that crime.' He has not met that burden.”
Court's application of Hitchcock v. State standard to Rodriguez's motion
Robert Rodriguez appealed a trial court's denial of his motion for DNA testing in a criminal case. Rodriguez did not adequately explain how the reques…
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Third District Court of Appeal State of Florida
Opinion filed April 23, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0436 Lower Tribunal No. F13-8045 ________________
Robert Rodriguez, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.
Robert Rodriguez, in proper person.
James Uthmeier, Attorney General, for appellee.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Hitchcock v. State, 866 So. 2d 23, 27–28 (Fla. 2004) (“Rule 3.853 is not intended to be a fishing expedition. . . . It was Hitchcock’s burden to explain, with reference to specific facts about the crime and the items he wished to have tested, ‘how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or . . . will mitigate the sentence received by the movant for that crime.’ He has not met that burden.” (quoting in part Fla. R. Crim. P. 3.853(b)(3))).