JERRY GALLION, JR.
v.
STATE OF FLORIDA
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The appellate court affirmed the trial court's dismissal of a postconviction relief motion because it was filed outside the two-year time limit. The court also warned the appellant against filing further frivolous motions.
The appellate court held that the trial court correctly dismissed the motion as untimely because Gallion failed to establish any exception to the two-year time limit. The court also echoed the trial court's warning regarding future frivolous filings.
[1] A postconviction relief motion under Florida Rule of Criminal Procedure 3.850 must be filed within two years of the judgment becoming final, and failure to establish an e…
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Join FLexlaw to unlock all legal intelligence“Because he established no exception to the two-year time limit provided under rule 3.850(b), the trial court dismissed Gallion’s motion as untimely.”
Establishes the basis for the trial court's dismissal and the appellate court's affirmation.
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Join FLexlaw to unlock all legal intelligenceJerry Gallion Jr. filed a motion for postconviction relief under Rule 3.850 more than two years after his 2007 judgment and sentence became final. The…
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PER CURIAM.
Jerry Gallion Jr. appeals an order dismissing his motion seeking postconviction relief under Florida Rule of Criminal Procedure 3.850. Gallion raised eight claims challenging his 2007 judgment and sentence. He filed the motion more than two years after his convictions became final. Because he established no exception to the two-year time limit provided under rule 3.850(b), the trial court dismissed Gallion’s motion as untimely. We affirm. See Knowles v. State, 41 So. 3d 332, 333 (Fla. 1st DCA 2010). The trial court also cautioned Gallion that if he continued to file frivolous pro se motions, he would be subject to sanctions. We echo that warning here. Gallion has filed four pro se postconviction appeals or petitions in this Court challenging his thirteen-year-old
convictions. In case number 1D09-4397, this Court denied his petition for ineffective assistance of appellate counsel. Gallion v. State, 37 So. 3d 291 (Fla. 1st DCA 2010). In this case and in case numbers 1D13-2905 and 1D15-4996, Gallion sought review of orders denying postconviction motions filed under rule 3.850. See Gallion v. State, 154 So. 3d 149 (Fla. 1st DCA 2014) (affirming on three grounds, but remanding on other grounds with instructions to the trial court to attach portions of the record refuting the claims or to hold an evidentiary hearing); Gallion v. State, 230 So. 3d 823 (Fla. 1st DCA 2017) (unpublished table decision). Gallion is warned that any future filings that this Court determines to be frivolous 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(1), 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.”). AFFIRMED. ROBERTS, ROWE, and KELSEY, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Knowles v. State, 41 So. 3d 332 (Fla. 1st DCA 2010)
- Gallion v. State, 37 So. 3d 291 (Fla. 1st DCA 2010)
- Gallion v. State, 230 So. 3d 823 (Fla. 1st DCA 2017)