Gray v. State

Full title: ALBERT GRAY, SR., Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Mar 12, 2004

868 So. 2d 633 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 2D03-4316.

Opinion filed March 12, 2004.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County, Wayne L. Cobb, Judge.

FULMER, Judge.

Albert Gray, Sr. appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Gray's motion is facially insufficient, therefore, we affirm the trial court's denial of the motion. See Saffold v. State, 850 So.2d 574 (Fla. 2d DCA 2003); Fla. R.Crim P. 3.850(b)(4). Our affirmance is without prejudice to any right Gray may have to file a facially sufficient motion within sixty days from the date of the issuance of the mandate in this case. See Burgess v. State, 29 Fla. L. Weekly D221 (Fla. 2d DCA Jan. 14, 2004).

Affirmed.

WHATLEY and WALLACE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.