DAVID COLVILLE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2021-06-29
No. 21-0709
308 So. 3d 565 Florida District Court of Appeal, First District (2021) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court affirmed the trial court's denial of David Colville's motion for postconviction relief. The court found his appeal frivolous and warned him against future frivolous filings.


Holding

The appellate court held that the trial court did not err in summarily denying Colville's motion. The court found the appeal to be frivolous.


Headnotes

[1] A court may impose sanctions, including prohibition of further pro se filings and referral for disciplinary procedures, against a prisoner who brings frivolous or malicio…

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Key Quotes

“David Colville appeals the trial court’s order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.800(a).”

Establishes the procedural posture and the nature of the motion filed by the appellant.

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Facts & Procedural History

David Colville appealed the trial court's summary denial of his motion under Florida Rule of Criminal Procedure 3.800(a). Colville argued his 2015 sen…

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Opinion of the Court
Jay

PER CURIAM.

David Colville appeals the trial court’s order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.800(a). Colville argued that his 2015 sentence entered after a jury verdict for ten counts of sexual battery while in a position of familial or custodial authority, one count of lewd or lascivious molestation, and lewd and lascivious conduct is illegal. We affirm the trial court’s order without further comment. And we find that this appeal is frivolous. Colville has filed five cases in this Court appealing orders denying postconviction relief as to his 2015 judgment and sentence, including a fifth case filed after the notice of appeal in this case. Colville appealed orders denying relief under rule 3.850

in case numbers 1D20-1776, 1D20-1783, 1D21-0421, and 1D21-1263. In this case and in case numbers 1D20-1783 and 1D20-1776, Colville obtained no relief on postconviction appeal. See Colville v. State, 308 So. 3d 565 (Fla. 1st DCA 2020) (unpublished table decision); Colville v. State, 2021 WL 1017119 (Fla. 1st DCA Mar. 17, 2021) (unpublished table decision). Case numbers 1D21-1263 and 1D21-0421 remain pending in this Court.

We warn Colville 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, Fla. Stat. (2020) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . or to have brought a frivolous or malicious collateral criminal proceeding . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”).

AFFIRMED. ROBERTS, ROWE, and JAY, JJ., concur. _____________________________


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Citator

Cited By

  • Colville v. State, 308 So. 3d 565 (Fla. 1st DCA 2021)
    …appealed orders denying relief under rule 3.850 in case numbers 1D20-1776, 1D20-1783, 1D21-0421, and 1D21- 1263. In this case and in case numbers 1D20-1783 and 1D20-1776, Colville obtained no relief on postconviction appeal. See Colville v. State, 308 So. 3d 565 (Fla. 1st DCA 2020) (unpublished table decision); Colville v. State, 2021 WL 1017119 (Fla. 1st DCA Mar. 17, 2021) (unpublished table decision). Case numbers 1D21-1263 and 1D21-0421 remain pending in this Court. We warn Colville that any future fili…
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