Kevin R. Miller v. State

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.

DAMOORGIAN, C.J., GROSS and CIKLIN, JJ., concur.