LARRY R. PRUNTY
v.
STATE OF FLORIDA
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This is the fourth postconviction appeal by Larry Prunty following his 2012 conviction and sentence for home invasion robbery. The Florida District Court of Appeal, First District, affirmed the dismissal of his Rule 3.850 motion, finding it lacked merit under the applicable procedural rules, and warned him against filing frivolous future petitions.
The court affirmed the dismissal of Prunty's Rule 3.850 motion, finding it did not meet the procedural requirements for postconviction relief under Florida Criminal Procedure Rule 3.850(b)(1) and (h)(2).
[1] A motion for postconviction relief must be filed within two years after the judgment and sentence become final, unless the facts supporting the claim were unknown and cou…
[2] A court may dismiss a second or successive motion for postconviction relief if it fails to allege new or different grounds for relief and the prior determination was on t…
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Join FLexlaw to unlock all legal intelligence“Rule 3.850 motions must be filed within two years after the judgment and sentence become final unless "the facts on which the claim is predicated were unknown to the movant or the movant's attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence"”
Establishes the two-year filing deadline and exception for newly discovered facts
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Join FLexlaw to unlock all legal intelligencePrunty was convicted and sentenced in 2012 for home invasion robbery. This is his fourth postconviction appeal or petition following that judgment and…
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PER CURIAM.
AFFIRMED. See Fla. R. Crim. P. 3.850(b)(1) (providing that Rule 3.850 motions must be filed within two years after the judgment and sentence become final unless “the facts on which the claim is predicated were unknown to the movant or the movant’s attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence”); Fla. R. Crim. P. 3.850(h)(2) (providing that “a court may dismiss a second or successive motion if the court finds that it fails to allege new or different grounds for relief and the prior determination was on the merits”).
This is Appellant’s fourth postconviction appeal or petition following his 2012 judgment and sentence for home invasion robbery. Appellant is warned that any future filings that this Court determines to be frivolous or malicious may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2019) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”). ROWE, WINOKUR, and NORDBY, JJ., concur. _____________________________