Walker v. State

SILBERMAN, Judge.

Ezell Walker appeals the summary denial of his motion for DNA evidence examination filed pursuant to Florida Rule of Criminal Procedure 3.853. In his motion, Walker seeks DNA testing of the victim’s underwear and sand allegedly removed from her vagina. These items were collected during the investigation of the crime for which Walker was convicted. The postconviction court denied the motion based on the State’s unsworn response that asserts the evidence to be tested no longer exists.

We have previously held that “allegations in the State’s unsworn response do not provide a…