CARLTON THOMAS
v.
STATE OF FLORIDA
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Carlton Thomas appeals the dismissal of a postconviction motion challenging his sentence based on alleged defects in the charging instrument. The appellate court affirmed the trial court's dismissal for lack of jurisdiction because Thomas had previously raised a similar issue in an earlier postconviction motion that was still pending on appeal.
The trial court was correct to dismiss the motion for lack of jurisdiction because the denial of the prior postconviction motion, which raised a similar issue, was pending on appeal when the instant motion was filed.
[1] A party who repeatedly files frivolous postconviction appeals may be subject to sanctions, including a prohibition against future pro se filings.
[2] Frivolous filings may lead to a referral for disciplinary procedures.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the denial of that motion was on appeal, and the instant motion involved an issue relating to that raised in the prior motion, the trial court dismissed the motion for lack of jurisdiction. The trial court was correct to do so.”
Establishes the core holding that dismissal for lack of jurisdiction was proper when a similar issue was pending on appeal.
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Join FLexlaw to unlock all legal intelligenceCarlton Thomas filed a postconviction motion attacking his sentence in Leon County Circuit Court Case No. 10-CF-4168, claiming a fundamental defect in…
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PER CURIAM.
Carlton Thomas appeals the dismissal of his latest postconviction motion. This one purports to challenge an illegal sentence, but the basis for that challenge is an attack on what he characterizes as a fundamental defect in the charging instrument. Thomas made a similar attack in an earlier postconviction motion, which the trial court denied. Because the denial of that motion was on appeal, and the instant motion involved an issue relating to that raised in the prior motion, the trial court dismissed the motion for lack of jurisdiction. The trial court was correct to do so. See Williams v. State, 795 So. 2d 975 (Fla. 1st DCA 2001) (vacating denial of rule 3.800(a) motion and remanding for entry of dismissal for lack of jurisdiction because there already was a pending appeal of denial of similar motion). We affirm.
The court notes that Thomas has collaterally attacked his judgment and sentence in Leon County Circuit Court Case Number 10-CF-4168 in four previous cases, as follows: Case Nos. 1D16-2065, 1D17-2525, 1D19-0440, and 1D20-0186. Thomas received no relief in any of these cases. In turn, the court warns Thomas 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 or facility of Florida Department of Corrections for disciplinary procedures. See § 944.279, Fla. Stat. (2020).
ROBERTS, ROWE, and TANENBAUM, JJ., concur. _____________________________