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.