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Whitfield v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
May 13, 2016
190 So. 3d 694 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D15–4054.

05-13-2016

Berkley D. WHITFIELD, Appellant, v. STATE of Florida, Appellee.

Berkley D. Whitfield, Bonifay, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman and Kristen L. Davenport, Assistant Attorney Generals, Daytona Beach, for Appellee.


Berkley D. Whitfield, Bonifay, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman and Kristen L. Davenport, Assistant Attorney Generals, Daytona Beach, for Appellee.

Opinion

PER CURIAM.

Berkley Whitfield appeals the trial court's order summarily denying his motion for DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. The trial court found the motion to be facially sufficient, but summarily denied it after receiving the State's response. However, the trial court failed to attach any documents to support its ruling. Therefore, we must reverse the trial court's order and remand for the trial court to either attach documents that conclusively refute Whitfield's claim or hold an evidentiary hearing thereon. See Brown v. State, 967 So.2d 398 (Fla. 1st DCA 2007).

REVERSED and REMANDED.

LAWSON, C.J., PALMER and COHEN, JJ., concur.


Summaries of

Whitfield v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
May 13, 2016
190 So. 3d 694 (Fla. Dist. Ct. App. 2016)
Case details for

Whitfield v. State

Case Details

Full title:BERKLEY D. WHITFIELD, Appellant, v. STATE OF FLORIDA, Appellee.

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

Date published: May 13, 2016

Citations

190 So. 3d 694 (Fla. Dist. Ct. App. 2016)