Hector Rosa v. State

We affirm the trial court’s order which summarily denied appellant’s Florida Rule of Criminal Procedure 3.853 motion for DNA testing.

We disagree with the State’s position that the motion was barred as successive. Appellant filed a prior motion for DNA testing of different items which was denied and affirmed by this Court on appeal. Rosa v. State, 881 So.2d 1125 (Fla. 4th DCA 2004). “[Ajppellant sought different relief ... and did not raise ‘substantially the same ground’ as previously raised.” Ochala v. State, 93 So.3d 1167, 1169 (Fla. 1st DCA 2012).

Rule 3.853(c)(2) provides: “The court shall…