LUCKNER V. STATE

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Third District Court of Appeal State of Florida, January Term, A.D. 2008 Opinion filed April 9, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-440 Lower Tribunal No. 97-30018B ________________ Joseph Luckner, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Bertila Soto, Judge. Joseph Luckner, in proper person. Bill McCollum, Attorney General, for appellee. Before GERSTEN, C.J., and COPE and LAGOA, JJ. PER CURIAM. This is an appeal of an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. The trial court erred, in part, by denying the motion for lack of an oath because the motion is, in fact, sworn. We agree with the trial court, however, that the motion is facially insufficient regarding Rule 3.853(b)(3) and (4). Appellant may re-plead in the trial court if he has a good-faith basis to do so. Affirmed. 2

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