Brim v. State

NORTHCUTT, Chief Judge.

Robert James Brim challenges the summary denial of his motion for DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853 and section 925.11(1)(a)(2), Florida Statutes (2006). The postconviction court erroneously de*553nied the motion based on its mistaken determination that the motion was untimely. Accordingly, we reverse and remand for further proceedings.

In July 2004, Brim filed a postconviction motion for DNA testing in two trial court cases, numbers 92-799 and 92-875. In a December 2005 order, the postconviction court correctly held that Brim was not…