MILLER v. STATE

No. 4D14-2139.

149 So.3d 143 (2014)

Kevin R. MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 1, 2014.


Attorney(s) appearing for the Case

Kevin R. Miller, Wewahithcka, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Cynthia L. Comras , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We reverse the trial court's order summarily denying appellant's facially sufficient rule 3.853 motion for DNA testing. As the State concedes in its response to this court, the trial court's order erroneously construed the motion as untimely filed under rule 3.850. This matter is remanded for the trial court to consider the merits of appellant's rule 3.853 motion.

Reversed and remanded.

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