Davis v. State of Florida

DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JACQUEAVEION DAVIS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-2823
March 13, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Pinellas County; Pat Siracusa, Judge.
Jacqueaveion Davis, pro se.
PER CURIAM.
We reverse the order summarily denying the motion filed under
Florida Rule of Criminal Procedure 3.853 and remand for the
postconviction court to enter an order dismissing the motion as
unauthorized. See Davis v. State, 421 So. 3d 876, 876 (Fla. 2d DCA
2025) (holding that the postconviction court should have dismissed the
appellant's rule 3.853 motion as unauthorized "because section
925.11(1)(a)1, Florida Statutes (2020), does not authorize postconviction
DNA testing for defendants who have pled guilty or nolo contendere to
felony offenses").

2
Reversed and remanded with instructions.
VILLANTI, MORRIS, and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.