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979 So. 2d 1121

Docket No. 3D08-440.

LUCKNER v. State

Joseph LUCKNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-04-09

Cited by 1 later decisions — most recently August 2018

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2008-04-09

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¶1Joseph Luckner, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before GERSTEN, C.J., and COPE and LAGOA, JJ.

¶4PER CURIAM.

¶5This is an appeal of an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. The trial court erred, in part, by denying the motion for lack of an oath because the motion is, in fact, sworn. We agree with the trial court, however, that the motion is facially insufficient regarding Rule 3.853(b)(3) and (4). Appellant may replead *1122 in the trial court if he has a good-faith basis to do so.

¶6Affirmed.

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