Home/District Court of Appeal of Florida/Berkley D. Whitfield v. State

Berkley D. Whitfield v. State

190 So. 3d 694, 2016 Fla. App. LEXIS 7295, 2016 WL 2760170
CourtDistrict Court of Appeal of Florida
DecidedMay 13, 2016
Docket5D15-4054
StatusPublished

This text of 190 So. 3d 694 (Berkley D. Whitfield v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berkley D. Whitfield v. State, 190 So. 3d 694, 2016 Fla. App. LEXIS 7295, 2016 WL 2760170 (Fla. Ct. App. 2016).

Opinion

PER CURIAM.

Berkley Whitfield appeals the trial court’s order summarily denying his motion for DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. The trial court found the motion to be facially sufficient, but' summarily denied it after receiving the State’s response. How *695 ever, the trial court failed to attach any documents to support its ruling. Therefore, we must reverse the trial court’s order and remand for the trial court to either attach documents that conclusively refute Whitfield’s claim or’hold an eviden-tiary hearing thereon. See Brown v. State, 967 So.2d 398 (Fla. 1st DCA 2007).

REVERSED and REMANDED:

LAWSON, C.J., PALMER and " =,■■. COHEN, JJ., concur.

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Related

Brown v. State
967 So. 2d 398 (District Court of Appeal of Florida, 2007)

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Bluebook (online)
190 So. 3d 694, 2016 Fla. App. LEXIS 7295, 2016 WL 2760170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkley-d-whitfield-v-state-fladistctapp-2016.