BERKLEY D. WHITFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BERKLEY D. WHITFIELD, APPELLANT,
STATE OF FLORIDA, APPELLEE
190 So. 3d 694
Florida District Court of Appeal, Fifth District (2016)
Positive Treatment
Cited by 1 case
Opinion of the Court
Berkley Whitfield appeals the trial court’s order summarily denying his motion for DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. The trial court found the motion to be facially sufficient, but' summarily denied it after receiving the State’s response. How*695ever, the trial court failed to attach any documents to support its ruling. Therefore, we must reverse the trial court’s order and remand for the trial court to either attach documents that conclusively refute Whitfield’s claim or’hold an eviden-tiary hearing thereon. See Brown v. State, 967 So.2d 398 (Fla. 1st DCA 2007).
REVERSED and REMANDED:
LAWSON, C.J., PALMER and " =,■■. COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Debritton M. Stevenson v. State, 207 So. 3d 266 (Fla. 5th DCA 2016)…l because the information did not allege that he actually possessed a firearm. Because the trial court did not attach records to support its conclusion that the minimum mandatory sentence was legal, we are compelled to reverse. See DiSanto v. State, 190 So. 3d 694 (Fla. 5th DCA 2016). On remand, if the trial court again enters an order summarily denying Stevenson’s motion, it must attach written portions of the record that conclusively refute his claim. [*267] REVERSED and REMANDED for further proceedings.…
Authorities Cited
- Ricco Richardo Narales Brown v. State, 967 So. 2d 398 (Fla. 1st DCA 2007)