Legal Opinion

Williams v. State

District Court of Appeal of Florida

Decided May 9, 2007No. 3D07-31Published

1Per curiam

We affirm the denial of DNA testing under 3.853, Florida Rules of Criminal Procedure, because Dwayne M. Williams has not alleged that he is innocent nor how the DNA testing requested will exonerate him of the crime for which he was sentenced.

The trial court summarily denied relief without explanation. Rule 3.853(b)(3) requires a statement of “how the DNA testing requested by the motion will exonerate the movant of the crime for which the movant was sentenced, or a statement of how the DNA testing will mitigate the sentence received by the movant for that crime.” Williams’ motion simply…

2Cases cited1 opinion

  1. Peterson v. StateDistrict Court of Appeal of Florida · 2006

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