Berkley D. Whitfield v. State

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. How *695 ever, 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 eviden-tiary 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.