Davis V State Of Florida

Jacqueaveion Davis appeals the summary denial of his Rule 3.853 motion for postconviction DNA testing. Davis entered a guilty plea in his felony case in 2023 and subsequently filed a rule 3.853 motion seeking DNA testing of evidence. The postconviction court summarily denied the motion, but the appellate court reversed and remanded, holding that section 925.11(1)(a)1, Florida Statutes does not authorize postconviction DNA testing for defendants who have pled guilty or nolo contendere to felony offenses.

The court addresses whether a defendant who entered a guilty plea to a felony offense may seek postconviction DNA testing under Florida Rule of Criminal Procedure 3.853.

The appellate court reversed the summary denial of the postconviction DNA testing motion and remanded for the postconviction court to dismiss the motion as unauthorized, holding that Florida Statutes section 925.11(1)(a)1 does not authorize postconviction DNA testing for defendants who have pleaded guilty or nolo contendere to felony offenses.

The court reversed the summary denial of Davis's motion and remanded with instructions for the postconviction court to vacate its order and dismiss the motion as unauthorized under section 925.11(1)(a)1, Florida Statutes

Section 925.11(1)(a)1, Florida Statutes (2020) does not authorize postconviction DNA testing for defendants who have pled guilty or nolo contendere to felony offenses. The appellate court held that the postconviction court should have dismissed the motion as unauthorized rather than addressing the merits of the claim. The court reversed and remanded for the postconviction court to vacate its order denying relief and enter an order dismissing the motion.

Smith v. State

Florida Statutes