Davis v. State of Florida - Criminal Procedure Appeal

FL District Court of Appeal Opinions

Filed March 13th, 2026

Detected March 14th, 2026

Summary

The Florida District Court of Appeal reversed an order denying a motion for postconviction DNA testing. The court found the motion unauthorized for defendants who pleaded guilty or nolo contendere to felony offenses, remanding for dismissal.

View original document View source feed page

What changed

The Florida District Court of Appeal, Second District, reversed a lower court's order that denied a motion for postconviction DNA testing filed by Jacqueaveion Davis. The appellate court determined that the motion was unauthorized under Florida Rule of Criminal Procedure 3.853 because the appellant had pleaded guilty or nolo contendere to felony offenses, citing section 925.11(1)(a)1, Florida Statutes. The case is remanded for the postconviction court to dismiss the motion.

This decision clarifies the scope of postconviction DNA testing availability in Florida, specifically excluding defendants who have entered guilty or nolo contendere pleas to felonies. Legal professionals representing defendants in similar situations should be aware that such motions will likely be dismissed. While this specific case involves an individual appeal, the ruling establishes a precedent for how such motions will be handled by Florida courts.

What to do next

Review Florida Rule of Criminal Procedure 3.853 and Florida Statutes section 925.11(1)(a)1 regarding postconviction DNA testing eligibility.
Advise clients who have pleaded guilty or nolo contendere to felony offenses that postconviction DNA testing motions may be unauthorized.

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 13, 2026 Get Citation Alerts Download PDF Add Note

Davis v. State of Florida

District Court of Appeal of Florida

Citations: None known
Docket Number: 2D2025-2823
Disposition: Reversed
Opinion
Authorities (0)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Reversed

Combined Opinion

DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT

JACQUEAVEION DAVIS,

Appellant,

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").
Reversed and remanded with instructions.

VILLANTI, MORRIS, and SMITH, JJ., Concur.

Opinion subject to revision prior to official publication.