Background
Wilson Holmes, proceeding without counsel, appealed from the Circuit Court for Duval County in lower-tribunal case number 2010-CF-010400. Circuit Judge Mark Jeffrey Borello entered the ruling under review.
The Fifth District identified the matter as a Florida Rule of Criminal Procedure 3.853 appeal. That rule governs motions seeking postconviction DNA testing. The State made no appearance in the appeal, and the opinion supplies no further facts, arguments, or procedural details.
The Court’s Holding
The Fifth District Court of Appeal affirmed the circuit court’s ruling. Its per curiam opinion consists solely of the word “AFFIRMED.”
Because the court provided no reasoning, the opinion establishes only that the lower court’s disposition remains in place. It does not disclose the basis for that disposition or announce a broader rule concerning postconviction DNA testing.
Key Takeaways
- The Fifth District affirmed the ruling challenged in Holmes’s Rule 3.853 appeal.
- The decision was per curiam and contained no legal analysis.
- Judges Eisnaugle, Harris, and MacIver concurred.
Why It Matters
The decision ends this stage of Holmes’s effort to obtain relief under Rule 3.853, subject to any timely and authorized rehearing or related motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Because the court did not explain its reasoning, the opinion offers little precedential guidance for attorneys litigating other postconviction DNA-testing motions.