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Stucky v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Aug 24, 2018
251 So. 3d 356 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 5D18-580

08-24-2018

Travis Ray STUCKY, Appellant, v. STATE of Florida, Appellee.

Travis Ray Stucky, Bushnell, pro se. No Appearance for Appellee.


Travis Ray Stucky, Bushnell, pro se.

No Appearance for Appellee.

PER CURIAM.

The trial court denied Appellant's Florida Rule of Criminal Procedure 3.853 motion for DNA testing because it was facially insufficient. See Fla. R. Crim. P. 3.853(c)(2). We agree and affirm without prejudice. Appellant may refile a facially sufficient motion if he can do so in good faith. See Rosa v. State , 147 So.3d 583, 584 (Fla. 4th DCA 2014) ; Luckner v. State , 979 So.2d 1121, 1121–22 (Fla. 3d DCA 2008).

AFFIRMED.

COHEN, C.J., LAMBERT and EISNAUGLE, JJ., concur.


Summaries of

Stucky v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Aug 24, 2018
251 So. 3d 356 (Fla. Dist. Ct. App. 2018)
Case details for

Stucky v. State

Case Details

Full title:TRAVIS RAY STUCKY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Aug 24, 2018

Citations

251 So. 3d 356 (Fla. Dist. Ct. App. 2018)