Montez v. State

WALLACE, Judge.

William Montez appeals from the post-conviction court’s summary denial of his second motion for postconviction DNA testing, which was filed under Florida Rule of Criminal Procedure 3.853. Because the postconviction court failed to make a required finding that there was reliable proof to establish the authettticity of the alleged murder weapon that was submitted for DNA testing, we reverse and' remand for an evidentiary hearing to determine the item’s authenticity.

The Factual and Procedural Background

Because we have previously discussed at length the facts of. this case, we will…