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Harvey v. State, 2D05-5165 (2006)

Court: District Court of Appeal of Florida Number: 2D05-5165 Visitors: 10
Judges: Stringer
Filed: Apr. 05, 2006
Latest Update: Mar. 28, 2017
Summary: 925 So. 2d 1111 (2006) William HARVEY, Appellant, v. STATE of Florida, Appellee. No. 2D05-5165. District Court of Appeal of Florida, Second District. April 5, 2006. STRINGER, Judge. William Harvey appeals the summary denial of his motion for DNA evidence examination filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the postconviction court's denial of the motion because it is facially insufficient. Our affirmance is without prejudice to any right Harvey might have to file a t
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925 So. 2d 1111 (2006)

William HARVEY, Appellant,
v.
STATE of Florida, Appellee.

No. 2D05-5165.

District Court of Appeal of Florida, Second District.

April 5, 2006.

STRINGER, Judge.

William Harvey appeals the summary denial of his motion for DNA evidence examination filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the postconviction court's denial of the motion because it is facially insufficient. Our affirmance is without prejudice to any right Harvey might have to file a timely, *1112 facially sufficient rule 3.853 motion. See Scarborough v. State, 906 So. 2d 379 (Fla. 2d DCA 2005).

Affirmed.

KELLY and WALLACE, JJ., Concur.

Source:  CourtListener

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