Green v. State

Full title: Lamont T. Green, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Oct 19, 2022

No. 3D21-2384 (Fla. Dist. Ct. App. Oct. 19, 2022)

Opinion

3D21-2384

10-19-2022

Lamont T. Green, Appellant, v. The State of Florida, Appellee.

Lamont T. Green, in proper person. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F02-26763 Ellen Sue Venzer, Judge.

Lamont T. Green, in proper person.

Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before SCALES, LINDSEY and GORDO, JJ.

PER CURIAM.

We affirm both the trial court's September 29, 2021 unelaborated order summarily denying appellant Lamont T. Green's Florida Rule of Criminal Procedure 3.853 motion to obtain DNA testing¹ and its November 1, 2021 unelaborated order denying Green's rehearing motion. Our affirmance is without prejudice to Green filing a facially sufficient motion, but only if Green can do so in good faith. See Rosa v. State, 147 So.3d 583, 584 (Fla. 4th DCA 2014).

1 The trial court's order incorrectly characterizes Green's motion as being made pursuant to rule 3.850.

Affirmed.