ROBERT RODRIGUEZ
v.
STATE OF FLORIDA

Fla. 3d DCA | 2025-04-23
No. 2025-0436
de la O, J., Miller, J., Gordo, J., Bokor, J.
2025 FL 3426 Florida District Court of Appeal, Third District (2025)

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Holding

A defendant seeking DNA testing under Florida Rule of Criminal Procedure 3.853 must explain with reference to specific facts how the testing will exonerate him or mitigate his sentence, and a motion that fails to meet this burden may be denied.


Headnotes

[1] A defendant seeking DNA testing under Florida Rule of Criminal Procedure 3.853(b)(3) bears the burden of explaining with reference to specific facts about the crime and i…

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Key Quotes

“Rule 3.853 is not intended to be a fishing expedition. . . . It was Hitchcock's burden to explain, with reference to specific facts about the crime and the items he wished to have tested, 'how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or . . . will mitigate the sentence received by the movant for that crime.' He has not met that burden.”

Court's application of Hitchcock v. State standard to Rodriguez's motion

Facts & Procedural History

Robert Rodriguez appealed a trial court's denial of his motion for DNA testing in a criminal case. Rodriguez did not adequately explain how the reques…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed April 23, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-0436 Lower Tribunal No. F13-8045 ________________

Robert Rodriguez, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.

Robert Rodriguez, in proper person.

James Uthmeier, Attorney General, for appellee.

Before MILLER, GORDO and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See Hitchcock v. State, 866 So. 2d 23, 27–28 (Fla. 2004) (“Rule 3.853 is not intended to be a fishing expedition. . . . It was Hitchcock’s burden to explain, with reference to specific facts about the crime and the items he wished to have tested, ‘how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or . . . will mitigate the sentence received by the movant for that crime.’ He has not met that burden.” (quoting in part Fla. R. Crim. P. 3.853(b)(3))).


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