Goodwin v. State

Full title: Leroy GOODWIN, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 21, 2006

930 So. 2d 862 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-2067.

June 21, 2006.

Appeal of order denying rule 3.853 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alfred J. Horowitz, Judge; L.T. Case No. 83-8188 CF10.

Carlos F. Gonzalez of Arnstein Lehr LLP, Miami, and Catherine Arcabascio, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Leroy Goodwin appeals the summary denial of his motion for post-conviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We reverse and remand for the trial court to entertain Goodwin's motion on its merits, as we find the motion legally sufficient. Hitchcock v. State, 866 So.2d 23 (Fla. 2004); Caymitte v. State, 868 So.2d 681 (Fla. 4th DCA 2004).

Reversed and Remanded.

KLEIN, SHAHOOD and GROSS, JJ., concur.