IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BERKLEY D. WHITFIELD,
Appellant,
v. Case No. 5D15-4054
STATE OF FLORIDA,
Appellee.
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Opinion filed May 13, 2016
3.853 Appeal from the Circuit
Court for Brevard County,
Robin C. Lemonidis, Judge.
Berkley D. Whitfield, Bonifay, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Kaylee D. Tatman and
Kristen L. Davenport, Assistant Attorney
Generals, Daytona Beach, for Appellee.
PER CURIAM.
Berkley Whitfield appeals the trial court's order summarily denying his motion for
DNA testing, filed pursuant to Florida Rule of Criminal Procedure 3.853. The trial court
found the motion to be facially sufficient, but summarily denied it after receiving the State's
response. However, the trial court failed to attach any documents to support its ruling.
Therefore, we must reverse the trial court's order and remand for the trial court to either
attach documents that conclusively refute Whitfield's claim or hold an evidentiary hearing
thereon. See Brown v. State, 967 So. 2d 398 (Fla. 1st DCA 2007).
REVERSED and REMANDED.
LAWSON, C.J., PALMER and COHEN, JJ., concur.
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