TRAVIS R. STUCKY
v.
STATE
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A trial court properly denies a Rule 3.853 motion for DNA testing when the motion is facially insufficient.
[1] A motion for DNA testing under Florida Rule of Criminal Procedure 3.853 that is facially insufficient may be denied by the trial court, but the movant may refile a facial…
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Join FLexlaw to unlock all legal intelligenceTravis Ray Stucky filed a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. The trial court denied the motion as facially insuffi…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TRAVIS RAY STUCKY,
Appellant,
v. Case No. 5D18-580
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 24, 2018
3.853 Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.
Travis Ray Stucky, Bushnell, pro se.
No Appearance for Appellee.
PER CURIAM.
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)