Murray v. State

DAVIS, Judge.

Frederick Murray challenges the post-conviction court’s order dismissing his pro se motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 and the order denying his motion for rehearing of that dismissal. Based on the record before this court and the concession of error by the State, we conclude that the postconviction court improperly dismissed Murray’s rule 3.853 motion because the record does not show that Murray was represented by counsel in that proceeding. Accordingly, we reverse the order dismissing Murray’s motion and remand for…