Legal Opinion
Newberry v. State
District Court of Appeal of Florida
Decided April 21, 2004No. 4D03-3912PublishedCited by 2 opinions
1Opinion of the Court
870 So.2d 926 (2004)
Richard NEWBERRY, Appellant,
v.
STATE of Florida, Appellee.
No. 4D03-3912.
District Court of Appeal of Florida, Fourth District.
April 21, 2004.
Richard Newberry, South Bay, pro se.
No appearance required for appellee.
ON MOTION FOR REHEARING
2Per curiam
We withdraw our previously issued opinion and substitute the following in its place.
Appellant challenges the trial court's summary denial of his petition for post-sentencing DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. In order to obtain testing pursuant to that rule, the petition must include "a statement that the…
3Cases cited1 opinion
- Newberry v. StateDistrict Court of Appeal of Florida · 1993
4Cited by2 opinions
- Cox v. StateDistrict Court of Appeal of Florida · 2004
- Vazquez v. StateDistrict Court of Appeal of Florida · 2009