Lemay v. State
Cases that cite this one
3 later published cases cite this decision.
- JOSEPH BING v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- Hector Rosa v. State (Fla. Dist. Ct. App. 2014)
- Bain v. State (Fla. Dist. Ct. App. 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jason C. LEMAY, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*854 KELLY, Judge.
Jason C. Lemay challenges the postconviction court's order summarily denying as untimely his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Although we conclude Lemay's motion was timely filed,[1] we affirm the postconviction court's order because Lemay's motion is facially insufficient. See Fla. R.Crim. P. 3.853(b)(1). This affirmance is without prejudice to Lemay's right to file a timely, facially sufficient rule 3.853 motion. Any such motion should not be considered successive.
Affirmed.
WHATLEY and SILBERMAN, JJ., Concur.
NOTES
[1] See In re: Amendments to Florida Rule of Criminal Procedure 3.853(d), No. SC05-1702 (Fla. Sept. 29, 2005) (extending the deadline for filing a motion for postconviction DNA testing in rule 3.853(d)(1)(A) from October 1, 2005, to July 1, 2006).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.