CRUZ
v.
STATE OF FLORIDA
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A postconviction DNA testing motion that is facially insufficient under Florida Rule of Criminal Procedure 3.853(b)(1) and (3) may be summarily denied.
[1] A postconviction motion for DNA testing under Florida Rule of Criminal Procedure 3.853 that is facially insufficient may be summarily denied without prejudice to filing a…
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Join FLexlaw to unlock all legal intelligenceJoel Adrian Cruz filed a Florida Rule of Criminal Procedure 3.853 motion for postconviction DNA testing. The postconviction court found the motion was…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JOEL ADRIAN CRUZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-1895
January 7, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Joseph Anthony Bulone, Judge.
Joel Adrian Cruz, pro se. LaROSE, Judge. Joel Adrian Cruz appeals the summary denial of his Florida Rule of Criminal Procedure 3.853 motion for postconviction DNA testing. The postconviction court found that the motion was facially insufficient. See Fla. R. Crim. P. 3.853(b)(1), (3). We agree and affirm. Our affirmance is without prejudice to any right Mr. Cruz might have to file a facially sufficient rule 3.853 motion. See Bing v. State, 268 So. 3d 192, 193 (Fla. 2d DCA 2018). Affirmed.
2
LUCAS, C.J., and MORRIS, J., Concur.
Opinion subject to revision prior to official publication.