Florida District Courts of Appeal, 2004

Gray v. State

Gray v. State
Florida District Courts of Appeal · Decided March 12, 2004 · Fulmer, Wallace, Whatley
868 So. 2d 633; 2004 Fla. App. LEXIS 3066; 29 Fla. L. Weekly Fed. D 629 (Southern Reporter, Second Series)

Gray v. State

Opinion of the Court

FULMER, Judge.

Albert Gray, Sr. appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Gray’s motion is facially insufficient, therefore, we affirm the trial court’s denial of the motion. See Saffold v. State, 850 So.2d 574 (Fla. 2d DCA 2003); Fla. R.Crim P. 3.850(b)(4). Our affirmance is without prejudice to any right Gray may have to file a facially sufficient motion within sixty *634days from the date of the issuance of the mandate in this case. See Burgess v. State, 862 So.2d 943 (Fla. 2d DCA 2004).

Affirmed.

WHATLEY and WALLACE, JJ., Concur.

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