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854 So. 2d 684

Docket No. 2D03-1287.

Smith v. State

Mathew L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 16, 2003.

Rehearing Denied August 26, 2003.

District Court of Appeal of Florida · decided 2003-07-16

Cited by 6 later decisions — most recently March 2011

6 state decisions

Key passage — most relied on by later courts

“[a] defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on the language of the statute.”

quoted by 2 later decisions, including Reed v. State, 907 So. 2d 609 - Fuentes v. State

“[a] person who has been tried and found guilty of committing a crime”

quoted by 1 later decision, including 907 So. 2d 609 - Fuentes v. State

Relies on 845 So. 2d 880 - Goad v. Florida Dept. of Corrections · 807 So. 2d 633 - Amendment to Fla. Rules of Cr. Proc. · Stewart v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-07-16

View the full empirical analysis of this case →

¶1*685 CASANUEVA, Judge.

¶2Mathew L. Smith challenges the summary denial of his motion for postconviction DNA testing filed pursuant to section 925.11(1)(a), Florida Statutes (2002), and Florida Rule of Criminal Procedure 3.853. We affirm.

¶3Smith pleaded guilty to sexual battery. He now seeks DNA testing of certain evidence. Section 925.11(1)(a) provides that a defendant "who has been tried and found guilty of committing a crime" may petition the court for DNA testing. (Emphasis added.) A defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on the language of the statute. See Stewart v. State, 840 So.2d 438 (Fla. 5th DCA 2003); see also Reighn v. State, 834 So.2d 252 (Fla. 1st DCA 2002), cause dismissed by SC03-370, 845 So.2d 892 (Fla. May 6, 2003); accord Epps v. State, 835 So.2d 1217 (Fla. 4th DCA 2003). The Florida Supreme Court refused to extend the right to DNA testing to defendants who entered guilty or nolo contendere pleas. See Amendment to Fla. Rules of Criminal Procedure Creating Rule 3.853, 807 So.2d 633, 634-35 (Fla.2001). We therefore align ourselves with the First, Fourth, and Fifth Districts and conclude that a defendant is not entitled to seek DNA testing if he or she entered a plea of guilty or nolo contendere.

¶4Affirmed.

¶5DAVIS and KELLY, JJ., concur.

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