FELIX CARBONELL v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: July 7, 2021
• Docket: 21-0689
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 7, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-0689 Lower Tribunal No. F89-30985A ________________

Felix Carbonell, Appellant,

vs.

The State of Florida, Appellee.

An appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Felix Carbonell, in proper person.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before EMAS, HENDON, and MILLER, JJ.

PER CURIAM. Affirmed. See Bates v. State, 218 So. 3d 426, 427 (Fla. 2017)

(Examining a successive motion for postconviction DNA testing and holding,

“[b]ecause Bates seeks to relitigate questions of law already decided by [the

Florida Supreme Court], his claims as to these seven items are procedurally

barred.”) (citation omitted); see also Zeigler v. State, 116 So. 3d 255, 258

(Fla. 2013) (“It is the defendant's burden to explain, with reference to specific

facts about the crime and the items requested to be tested, how the DNA

testing will exonerate the defendant of the crime or will mitigate the

defendant's sentence.”) (citations omitted); Fla. R. Crim. P. 3.853(c)(5)(C)

(When ruling on a motion for postconviction DNA testing, the court must

determine “[w]hether there is a reasonable probability that the movant would

have been acquitted or would have received a lesser sentence if the DNA

evidence had been admitted at trial.”).