Summary
reversing summary denial of defendant’s rule 3.853 motion where the motion was legally sufficient and warranted an evidentiary hearing to determine if DNA evidence existed
Summary of this case from Merritt v. StateOpinion
Case No. 4D03-4313.
Opinion filed March 31, 2004.
Appeal of order denying rule 3.853 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Dale Ross, Judge, L.T. Case No. 90-25204 CF10A.
Jean Gerard Caymitte, Miami, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.
Jean Gerard Caymitte appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse and remand for further proceedings upon finding Caymitte's motion legally sufficient and warranting a hearing to determine if DNA evidence existed. Hitchcock v. State, 29 Fla. L. Weekly S13 (Fla. Jan. 15, 2004); Zollman v. State, 854 So.2d 775 (Fla. 2d DCA 2003).
STONE, KLEIN and MAY, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.