Robert Rodriguez v. State of Florida

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))).