Robert Rodriguez v. State of Florida
This text of Robert Rodriguez v. State of Florida (Robert Rodriguez v. 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 April 23, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0436 Lower Tribunal No. F13-8045 ________________
Robert Rodriguez, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.
Robert Rodriguez, in proper person.
James Uthmeier, Attorney General, for appellee.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM. Affirmed. See Hitchcock v. State, 866 So. 2d 23, 27–28 (Fla. 2004)
(“Rule 3.853 is not intended to be a fishing expedition. . . . It was Hitchcock’s
burden to explain, with reference to specific facts about the crime and the
items he wished to have tested, ‘how the DNA testing requested by the
motion will exonerate the movant of the crime for which the movant was
sentenced, or . . . will mitigate the sentence received by the movant for that
crime.’ He has not met that burden.” (quoting in part Fla. R. Crim. P.
3.853(b)(3))).
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