Harvey v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WILLIAM HARVEY, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D05-5165 Opinion filed April 5, 2006. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; W. Douglas Baird, Judge. STRINGER, Judge. William Harvey appeals the summary denial of his motion for DNA evidence examination filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the postconviction court s denial of the motion because it is facially insufficient. Our affirmance is without prejudice to any right Harvey might have to file a timely, facially sufficient rule 3.853 motion. See Scarborough v. State, 906 So. 2d 379 (Fla. 2d DCA 2005). Affirmed. KELLY and WALLACE, JJ., Concur.

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