Gonzalez v. State

NORTHCUTT, Judge.

A jury convicted Ricardo Gonzalez of lewd and lascivious battery based on a charge that he had sexual intercourse with a thirteen-year-old girl. Subsequently he filed a motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. The circuit court summarily denied the motion as facially insufficient. We reverse and remand for further proceedings.

Rule 3.853(b) prescribes the required contents of a motion for posteonvietion DNA testing. The postconviction court found that Gonzalez’s motion was facially insufficient because he did not allege his…