ERNESTO SANTIAGO ROBLES
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.
When a Rule 3.853 motion for postconviction DNA testing is facially sufficient, the trial court must order the prosecuting authority to respond within thirty days before ruling on the motion.
[1] A trial court must order the prosecuting authority to respond to a facially sufficient Rule 3.853 motion for postconviction DNA testing within thirty days before ruling o…
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“This rule requires, among other things, that if the motion is facially sufficient, the court shall order the prosecuting authority to respond to the motion within thirty days or such other time as may be determined by the court.”
Court explaining the mandatory procedural requirement of Rule 3.853(c)(2)
Ernesto Santiago Robles filed a Florida Rule of Criminal Procedure 3.853 motion for postconviction DNA testing. The trial court summarily denied the m…
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.
Explore caselaw by topic → Browse Facial Sufficiency cases and more on FLexlaw
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
ERNESTO SANTIAGO ROBLES,
Appellant,
v. Case No. 5D18-2742
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 15, 2019
3.853 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.
Felix A. Felicier, of Felix Law Center P.A., Orlando, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Ernesto Santiago Robles appeals the order summarily denying his Florida Rule of Criminal Procedure 3.853 motion for postconviction DNA testing. This rule requires, among other things, that if the motion is facially sufficient, the court shall order the prosecuting authority to respond to the motion within thirty days or such other time as may be determined by the court. See Fla. R. Crim. P. 3.853(c)(2). Here, the trial court
2 erred in ruling on Robles’s motion without ordering a response from the State. See Poole v. State, 225 So. 3d 418, 419 (Fla. 5th DCA 2017); Suber v. State, 178 So. 3d 973, 973 (Fla. 5th DCA 2015).
Accordingly, we reverse the order and remand with directions that the court order the State to file a response to the motion.
REVERSED and REMANDED with directions.
LAMBERT, HARRIS, and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Poole v. State, 225 So. 3d 418 (Fla. 5th DCA 2017)
- Shamir J. Suber v. State, 178 So. 3d 973 (Fla. 5th DCA 2015)
- Cole v. State, 178 So. 3d 973 (Fla. 5th DCA 2015)