Murray v. State

978 So.2d 176 (2007)

Frederick L. MURRAY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D06-4741.

District Court of Appeal of Florida, Second District.

April 25, 2007.

VILLANTI, Judge.

Frederick L. Murray appeals the postconviction court's order summarily denying as untimely his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Although Murray's motion was timely filed,[1] we affirm the postconviction court's order because Murray's motion is facially insufficient. See Fla. R.Crim. P. 3.853(b). This affirmance is without prejudice to Murray's right to…