Ackerman v. State

ALTENBERND, Judge.

Bernard Danelle Ackerman appeals an order summarily denying his motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.858 and an order that prohibits him from filing future pro se posteonvietion challenges to his judgment and sentence. Our limited record suggests that it is highly unlikely that any DNA evidence exists in this case, but the record does not conclusively refute Mr. Ackerman’s sworn claim in his amended motion for DNA testing and supporting memorandum of law that such evidence does exist. We therefore reverse the order summarily…