Reed v. State

Full title: ROYCE M. REED, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 21, 2004

874 So. 2d 648 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D04-526.

Opinion filed April 21, 2004. Rehearing Denied June 4, 2004.

An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, David C. Miller, Judge, Lower Tribunal No. 89-36248.

Royce M. Reed, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Royce Reed appeals the denial of his motion for post-conviction DNA testing pursuant to section 925.11(1)(a), Florida Statutes (2002), and Florida Rule of Criminal Procedure 3.853. We affirm the trial court's denial because "[a] defendant who enters a plea of guilty or nolo contendere may not seek postconviction DNA testing based on the language of the statute." Smith v. State, 854 So.2d 684, 685 (Fla. 2d DCA 2003) (citing Stewart v. State, 840 So.2d 438 (Fla. 5th DCA 2003)).

Affirmed.