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Morris v. State

District Court of Appeal of Florida, Second District
Sep 20, 2006
940 So. 2d 1172 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D06-1909.

September 20, 2006.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Crockett Farnell, Judge.


Freddie L. Morris appeals the summary dismissal of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the postconviction court's dismissal of the motion because it is facially insufficient. Our affirmance is without prejudice to any right Morris might have to file a timely facially sufficient rule 3.853 motion. See Harvey v. State, 925 So.2d 1111 (Fla. 2d DCA 2006); Scarborough v. State, 906 So.2d 379 (Fla. 2d DCA 2005).

Affirmed.

STRINGER and LaROSE, JJ., concur.


Summaries of

Morris v. State

District Court of Appeal of Florida, Second District
Sep 20, 2006
940 So. 2d 1172 (Fla. Dist. Ct. App. 2006)
Case details for

Morris v. State

Case Details

Full title:Freddie L. MORRIS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 20, 2006

Citations

940 So. 2d 1172 (Fla. Dist. Ct. App. 2006)