LAMONT T. GREEN v. THE STATE OF FLORIDA
This text of LAMONT T. GREEN v. THE STATE OF FLORIDA (LAMONT T. GREEN v. THE STATE OF FLORIDA) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed October 19, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-2384 Lower Tribunal No. F02-26763 ________________
Lamont T. Green, 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, Ellen Sue Venzer, Judge.
Lamont T. Green, in proper person.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Before SCALES, LINDSEY and GORDO, JJ.
PER CURIAM. We affirm both the trial court’s September 29, 2021 unelaborated order
summarily denying appellant Lamont T. Green’s Florida Rule of Criminal
Procedure 3.853 motion to obtain DNA testing1 and its November 1, 2021
unelaborated order denying Green’s rehearing motion. Our affirmance is
without prejudice to Green filing a facially sufficient motion, but only if Green
can do so in good faith. See Rosa v. State, 147 So. 3d 583, 584 (Fla. 4th
DCA 2014).
Affirmed.
1 The trial court’s order incorrectly characterizes Green’s motion as being made pursuant to rule 3.850.
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