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Travis Ray STUCKY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District2018-08-24No. Case No. 5D18-580
251 So. 3d 356

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Opinion

majority opinion

PER CURIAM.

The trial court denied Appellants Florida Rule of Criminal Procedure 3.853 motion for DNA testing because it was facially insufficient. See Fla. R. Crim. P. 3.853(c)(2). We agree and affirm without prejudice. Appellant may refile a facially sufficient motion if he can do so in good faith. See Rosa v. State , 147 So.3d 583, 584 (Fla. 4th DCA 2014) ; Luckner v. State , 979 So.2d 1121, 1121-22 (Fla. 3d DCA 2008). AFFIRMED.

COHEN, C.J., LAMBERT and EISNAUGLE, JJ., concur.