Green v. State

Full title: Lamont T. GREEN, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Oct 19, 2022

350 So. 3d 108 (Fla. Dist. Ct. App. 2022)

Opinion

No. 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.

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.