STEACYANNE REIGHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Steacyanne Reighn, appeals the trial court’s order summarily denying her postconviction motion as successive under Florida Rule of Criminal Procedure 3.850, contending that she instead filed it pursuant to Florida Rule of Criminal Procedure 3.853. Although the trial court erred by treating Reighn’s petition as having been filed under rule 3.850, we nevertheless affirm, because the motion was barred by section 925.11, Florida Statutes (2002).
Section 925.11(l)(a) provides that a defendant may file a postsentence motion requesting DNA testing if the defendant “has been tried and found guilty of committing a crime,” whereas Reighn pled nolo contendere before trial. We therefore affirm the trial court’s summary denial as right, but for the wrong reason. See Howard v. State, 462 So. 2d 31 (Fla. 1st DCA 1984) (observing that even if the trial court denies relief based upon an incorrect principle, the appellate court will affirm if the right result was obtained); State v. R.M., 696 So. 2d 449 (Fla. 4th DCA 1997).
AFFIRMED.
ERVIN, BARFIELD and WOLF, JJ., concur.
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Stewart v. State, 840 So. 2d 438 (Fla. 5th DCA 2003)…d 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 language of the statute. See Reighn v. State, 834 So. 2d 252 (Fla. 1st DCA 2002); accord Epps v. State, 835 So. 2d 1217 (Fla. 4th DCA 2003).2 AFFIRMED. THOMPSON, C.J., and MONACO, J., concur. . Florida Rule of Criminal Procedure 3.853 provides the procedure for obtaining DNA testing under section 925.11, F…
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Smith v. State, 854 So. 2d 684 (Fla. 2d DCA 2003)…A 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…
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Felton Epps v. State, 835 So. 2d 1217 (Fla. 4th DCA 2003)…PER CURIAM. Affirmed. Reighn v. State, 834 So. 2d 252 (Fla. 1st DCA 2002). STONE, WARNER, and FARMER, JJ., concur.…
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- Howard v. State, 462 So. 2d 31 (Fla. 1st DCA 1984)
- State v. R.M., 696 So. 2d 449 (Fla. 4th DCA 1997)