Powell v. State

KHOUZAM, Judge.

Calvin Powell appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Because the postconviction court correctly denied Powell’s motion as facially insufficient, we affirm.

We note, however, that the court also sought to deny the motion on its merits by attaching record excerpts to refute Powell’s assertion that identification was a genuinely disputed issue in his case. This was error.

Rule 3.853(c)(2) states that upon receipt of the motion, the court shall review the motion and deny it if it is facially…