Blackert v. State

SLEET, Judge.

Matthew Blackert appeals the partial denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Because the postconviction court’s denial of the motion as to the victim’s clothing is not supported by competent, substantial evidence, we reverse that portion of the order. However, we affirm without comment the postconviction court’s holding that the testing should be conducted by the Florida Department of Law Enforcement (FDLE).

After a jury convicted Blackert of five counts of capital sexual battery, the trial court sentenced him…