Burgess v. State

District Court of Appeal of Florida

Burgess v. State

862 So. 2d 943, 2004 Fla. App. LEXIS 221, 2004 WL 57269

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 2004

DocketNo. 2D03-2495

StatusPublished

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This text of 862 So. 2d 943 (Burgess 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.

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Burgess v. State, 862 So. 2d 943, 2004 Fla. App. LEXIS 221, 2004 WL 57269 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Clarence Burgess appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the trial court’s denial of the motion on the ground that it is facially insufficient. See Saffold v. State, 850 So.2d 574 (Fla. 2d DCA 2003); Fla. R.Crim. P. 3.853(b)(3), (4). Our affirmance is without prejudice to any right Burgess may have to file a facially sufficient motion within sixty days from the date of the issuance of the mandate in this case. See Saffold, 850 So.2d at 577-78; Cherryhomes v. State, 857 So.2d 277 (Fla. 2d DCA 2003).

Affirmed.

FULMER, VILLANTI, and WALLACE, JJ., Concur.

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PER CURIAM.

Clarence Burgess appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the trial court’s denial of the motion on the ground that it is facially insufficient. See Saffold v. State, 850 So.2d 574 (Fla. 2d DCA 2003); Fla. R.Crim. P. 3.853(b)(3), (4). Our affirmance is without prejudice to any right Burgess may have to file a facially sufficient motion within sixty days from the date of the issuance of the mandate in this case. See Saffold, 850 So.2d at 577-78; Cherryhomes v. State, 857 So.2d 277 (Fla. 2d DCA 2003).

Affirmed.

FULMER, VILLANTI, and WALLACE, JJ., Concur.

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862 So. 2d 943, 2004 Fla. App. LEXIS 221, 2004 WL 57269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-state-fladistctapp-2004.

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