Florida District Courts of Appeal, 2004

McClinton v. State

McClinton v. State
Florida District Courts of Appeal · Decided December 10, 2004 · Canady, Silberman, Villanti
889 So. 2d 919; 2004 Fla. App. LEXIS 18809; 2004 WL 3029500 (Southern Reporter, Second Series)

McClinton v. State

Opinion of the Court

PER CURIAM.

Philip McClinton challenges the trial court’s order denying his motion for post-conviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the trial court’s denial of the motion on the ground that it is facially insufficient. Our affirmance is without prejudice to any right McClinton might have to file a facially sufficient rule 3.853 motion within sixty days from the date of the issuance of the mandate in this case. See Saffold v. State, 850 So.2d 574 (Fla. 2d DCA 2003).

SILBERMAN, CANADY, and VILLANTI, JJ., Concur.

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