Montez v. State

KHOUZAM, Judge.

William John Montez appeals from an order summarily denying his motion for postconvietion DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. Because the postconviction court’s order and attachments do not refute Mr. Mon-tez’s claim that he is entitled to further DNA testing of the murder weapon, we reverse and remand for further proceedings.

Mr. Montez was charged with the premeditated murder of his live-in girlfriend, Ms. Martinez, whose nearly nude body was found bruised and strangled near Nebraska Avenue in Tampa. A woman’s nylon stocking was tied around her…