Cherryhomes v. State

857 So.2d 277 (2003)

George CHERRYHOMES, Appellant,

v.

STATE of Florida, Appellee.

No. 2D03-1929.

District Court of Appeal of Florida, Second District.

September 17, 2003.

CASANUEVA, Judge.

George Cherryhomes challenges the order of the trial court denying his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. We affirm the trial court's denial of the motion on the ground that it is facially insufficient. Our affirmance is without prejudice to any right Cherryhomes might have to file a facially sufficient rule 3.853 motion containing an adequate oath[1]…