Cruz v. State of Florida

DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JOEL ADRIAN CRUZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-1895
January 7, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Pinellas County; Joseph Anthony Bulone, Judge.
Joel Adrian Cruz, pro se.
LaROSE, Judge.
Joel Adrian Cruz appeals the summary denial of his Florida Rule of
Criminal Procedure 3.853 motion for postconviction DNA testing. The
postconviction court found that the motion was facially insufficient. See
Fla. R. Crim. P. 3.853(b)(1), (3). We agree and affirm. Our affirmance is
without prejudice to any right Mr. Cruz might have to file a facially
sufficient rule 3.853 motion. See Bing v. State, 268 So. 3d 192, 193 (Fla.
2d DCA 2018).
Affirmed.

2
LUCAS, C.J., and MORRIS, J., Concur.
Opinion subject to revision prior to official publication.