Ortiz v. State

884 So.2d 70 (2004)

Andres ORTIZ, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-1135.

District Court of Appeal of Florida, Second District.

March 31, 2004.

NORTHCUTT, Judge.

Andres Ortiz, also known as Andres Ortiz Hernandez, appeals the order denying his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 and section 925.11, Florida Statutes (2001). We reverse because the record does not conclusively show that Ortiz is entitled to no relief.

Ortiz was convicted by a jury of five counts of capital sexual battery and one count of kidnaping. This court…