Opinion
Case No. SC03-1153.
March 26, 2004.
Lower Tribunal No. 83-3425-BB.
Appellant appeals an order granting the State's motion to dismiss defendant's fourth motion for postconviction relief. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. We reverse.
By separate order in Swafford v. State, No. SC03-931, we have directed that there be an evidentiary hearing in respect to evidence which the circuit court finds is capable of being tested for DNA, that reports be made in writing of the DNA test results pursuant to Florida Rule of Criminal Procedure 3.853(8), and that the circuit court enter an order making findings as to contamination, authenticity, and other findings which the circuit court determines to be appropriate.
Appellant shall then have sixty (60) days from the date of the circuit court's order in respect to Rule 3.853 to amend the fourth motion for post conviction relief as to issues related to DNA testing of evidence.
Appellant has raised an issue related to Ring v. Arizona, 536 U.S. 584 (2002), which we do not decide in view of the reversal of the order granting the State's motion to dismiss.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.