Kevin R. Miller v. State

District Court of Appeal of Florida

Kevin R. Miller v. State

149 So. 3d 143, 2014 Fla. App. LEXIS 15256, 2014 WL 4840763

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 2014

Docket4D14-2139

StatusPublished

This text of 149 So. 3d 143 (Kevin R. Miller 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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Kevin R. Miller v. State, 149 So. 3d 143, 2014 Fla. App. LEXIS 15256, 2014 WL 4840763 (Fla. Ct. App. 2014).

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Opinion

*144 PER CURIAM.

We reverse the trial court’s order summarily denying appellant’s facially sufficient rule 3.853 motion for DNA testing. As the State concedes in its response to this court, the trial court’s order erroneously construed the motion as untimely filed, under rule 3.850. This matter is remanded for the trial court to consider the merits of appellant’s rule 3.853 motion.

Reversed and remanded.

DAMOORGIAN, C.J., GROSS and CIKLIN, JJ., concur.

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*144 PER CURIAM.

We reverse the trial court’s order summarily denying appellant’s facially sufficient rule 3.853 motion for DNA testing. As the State concedes in its response to this court, the trial court’s order erroneously construed the motion as untimely filed, under rule 3.850. This matter is remanded for the trial court to consider the merits of appellant’s rule 3.853 motion.

Reversed and remanded.

DAMOORGIAN, C.J., GROSS and CIKLIN, JJ., concur.

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Bluebook (online)

149 So. 3d 143, 2014 Fla. App. LEXIS 15256, 2014 WL 4840763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-r-miller-v-state-fladistctapp-2014.