Legal Opinion

SZEREMI v. State

District Court of Appeal of Florida

Decided April 17, 2009No. 2D08-4332Published

1Opinion of the Court

KHOUZAM, Judge.

We affirm, without comment, that portion of the postconviction court’s order denying Gene Szeremi’s motion for postcon-viction relief filed under Florida Rule of Criminal Procedure 3.850 and alternative petition for writ of habeas corpus.

In the same order, the postconviction court also denied as untimely Mr. Szere-mi’s motion for postconviction DNA test ing filed under Florida Rule of Criminal Procedure 3.853. However, as a result of amendments to rule 3.853 and statutes governing DNA testing, a motion for post-conviction DNA testing may be filed at any time following the date…

2Cases cited3 opinions

  1. In Re Amendments to Florida Rule of Criminal Procedure 3.853 (D)Supreme Court of Florida · 2006
  2. Bain v. StateDistrict Court of Appeal of Florida · 2007
  3. In re Amendments to Florida Rules of Criminal Procedure 3.170 & 3.172Supreme Court of Florida · 2007

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