Ray v. State
The Fifth DCA affirmed the summary denial of a Rule 3.853 postconviction DNA testing motion, even though the trial court erred by failing to order a State response before denying the facially sufficient motion. Aligning with the First District's decision in Gresham v. State, the court held that such error is subject to harmless error review, and found the error harmless here based on the motion, order, and attached exhibits.
Key facts
- Ray sought postconviction DNA testing under Rule 3.853, filing a motion that was facially sufficient but summarily denied by the trial court without ordering a State response as required by rule.
- The trial court erred by failing to comply with Rule 3.853(c)(2)'s requirement to obtain a State response before denying the DNA testing motion.
- +2 more key facts with a free trial
Why it matters
This opinion adopts the First District's harmless-error framework from Gresham v. State for a specific and recurring procedural defect in Rule 3.853 DNA-testing proceedings—failure to require a State response before… — full analysis with a trial
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