DAVIS
v.
STATE OF FLORIDA
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.
A defendant who enters a guilty plea to a felony offense is not authorized under section 925.11(1)(a)1, Florida Statutes, to seek postconviction DNA testing.
[1] A defendant who enters a guilty plea or plea of nolo contendere to a felony offense is not authorized under section 925.11(1)(a)1, Florida Statutes, to seek postconvictio…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[a] defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on the language of the statute”
Citation to Smith v. State, 854 So. 2d 684, 685 (Fla. 2d DCA 2003), interpreting nearly identical statutory language
Davis entered a guilty plea to a felony in 2023 and subsequently filed a motion under Florida Rule of Criminal Procedure 3.853 seeking DNA testing of …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JACQUEAVEION DAVIS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-1081
October 15, 2025
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Pat Siracusa, Judge.
Jacqueaveion Davis, pro se.
ROTHSTEIN-YOUAKIM, Judge.
Jacqueaveion Davis appeals the summary denial of his motion under Florida Rule of Criminal Procedure 3.853 for postconviction DNA testing. Davis entered a guilty plea in his felony case in 2023. He thereafter filed a rule 3.853 motion seeking DNA testing of evidence. The postconviction court summarily denied the motion, addressing the merits of Davis's claim. Instead, however, the court should have dismissed the motion because section 925.11(1)(a)1, Florida Statutes (2020), does not authorize postconviction DNA testing for defendants who have pled guilty or nolo contendere to felony offenses. Cf. Smith v. State, 854 So. 2d 684, 685 (Fla. 2d DCA 2003) (concluding, based on nearly
2 identical language in a previous version of the statute, that "[a] defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on the language of the statute").1 Accordingly, we reverse and remand for the postconviction court to vacate its order denying relief and to instead enter an order dismissing Davis's motion as unauthorized.
Reversed and remanded with instructions.
NORTHCUTT and KHOUZAM, JJ., Concur.
Opinion subject to revision prior to official publication.