Menendez v. State

This is an appeal of an order denying a motion for DNA testing under Florida Rule of Criminal Procedure 3.853. We affirm.

Defendant-appellant Reinaldo Menendez pled guilty to second-degree murder in 2000. In 2008, he filed a motion for DNA testing. The State filed a response, arguing that the defendant was not entitled to DNA testing because he pled guilty. The State relied on Smith v. State, 854 So.2d 684 (Fla. 2d DCA 2003), which so held. The trial court denied the motion.

In its response in this court, the State acknowledges that this analysis was erroneous. The DNA testing statute was…