Florida District Courts of Appeal, 2007

Nomnombre v. State

Florida District Courts of Appeal · Decided August 29, 2007 · Klein, Stone

963 So. 2d 927; 2007 Fla. App. LEXIS 13395; 2007 WL 2428583 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Florence v. State (Fla. Dist. Ct. App. 2007)

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Opinion of the Court

STONE, J.

Chanel Nomnombre appeals from the summary denial of his motion for post-conviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. The trial court denied Nomnombre’s motion as untimely and as lacking a sufficient oath. The trial court did not address the *928merits or sufficiency of the claim. We find that Nomnombre’s motion was not untimely 1 and it included the sufficient alternative oath permitted by Florida Rule of Criminal Procedure 3.987 associated with rule 3.850 motions. Accordingly, the case is reversed and remanded to the trial court for further review of the motion.

KLEIN and MAY, JJ., concur.

. By the time the motion was filed, in December 2006, the time limit had been deleted from the rule. See In Re Amendments to Florida Rule of Criminal Procedure 3.853(d), 938 So.2d 977 (Fla. 2006).

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