McClinton v. State

Full title: Philip McCLINTON, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Dec 10, 2004

889 So. 2d 919 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-2779.

December 10, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Roger Allan Alcott, Judge.

PER CURIAM.

Philip McClinton challenges the trial court's order denying his motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the trial court's denial of the motion on the ground that it is facially insufficient. Our affirmance is without prejudice to any right McClinton might have to file a facially sufficient rule 3.853 motion within sixty days from the date of the issuance of the mandate in this case. See Saffold v. State, 850 So.2d 574 (Fla. 2d DCA 2003).

SILBERMAN, CANADY, and VILLANTI, JJ., Concur.