Florida District Courts of Appeal, 2014

Kevin R. Miller v. State

Kevin R. Miller v. State
Florida District Courts of Appeal · Decided October 1, 2014 · Damoorgian, Gross, Ciklin
149 So. 3d 143; 2014 Fla. App. LEXIS 15256; 2014 WL 4840763 (Southern Reporter, Third Series)

Kevin R. Miller v. State

Opinion

*144 PER CURIAM.

We reverse the trial court’s order summarily denying appellant’s facially sufficient rule 3.853 motion for DNA testing. As the State concedes in its response to this court, the trial court’s order erroneously construed the motion as untimely filed, under rule 3.850. This matter is remanded for the trial court to consider the merits of appellant’s rule 3.853 motion.

Reversed and remanded.

DAMOORGIAN, C.J., GROSS and CIKLIN, JJ., concur.

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