Lindsey v. State

936 So.2d 1213 (2006)

Ronald James LINDSEY, Appellant,

v.

STATE of Florida, Appellee.

No. 5D06-2427.

District Court of Appeal of Florida, Fifth District.

September 8, 2006.

Ronald J. Lindsey, Chipley, pro se.

No Appearance for Appellee.

EVANDER, J.

Appellant challenges the trial court order denying his motion for post-conviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 (2005). We affirm the trial court's order but not for the reason recited by the trial court.

As a result of entering a nolo contendre plea to an attempted sexual battery charge, appellant was sentenced, on…