Block v. State

The trial court summarily denied appellant’s rule 3.850 motion, which we affirm without further discussion. He is also attempting to appeal an order confirming the result of a DNA test he requested, which we conclude is not appealable.

Appellant was convicted of several crimes arising out of a burglary, including aggravated battery, which was based on his stabbing the victim with a knife. After his conviction was affirmed on appeal, appellant filed a motion under Florida Rule of Criminal Procedure 3.853 seeking DNA testing, based on his contention that the victim was never stabbed with the…