¶1Philip 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).
889 So. 2d 919
McClinton v. State
District Court of Appeal of Florida
Decided December 10, 2004
District Court of Appeal of Florida · decided 2004-12-10
Relies on 850 So. 2d 574 - Saffold v. State
Decided 2004-12-10