LUCKNER v. State
This text of 979 So. 2d 1121 (LUCKNER 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.
Opinion
Joseph LUCKNER, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Joseph Luckner, in proper person.
Bill McCollum, Attorney General, for appellee.
Before GERSTEN, C.J., and COPE and LAGOA, JJ.
PER CURIAM.
This is an appeal of an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. The trial court erred, in part, by denying the motion for lack of an oath because the motion is, in fact, sworn. We agree with the trial court, however, that the motion is facially insufficient regarding Rule 3.853(b)(3) and (4). Appellant may replead *1122 in the trial court if he has a good-faith basis to do so.
Affirmed.
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Cite This Page — Counsel Stack
979 So. 2d 1121, 2008 WL 1065784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luckner-v-state-fladistctapp-2008.