MAURICE WILLIAMS
v.
STATE OF FLORIDA
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Maurice Williams appealed the dismissal of his postconviction motion under Florida Rule of Criminal Procedure 3.800(a), arguing his convictions violated double jeopardy and that reclassification of an aggravated battery conviction was not orally announced. The First District Court of Appeal affirmed the trial court's dismissal and found the appeal frivolous, marking Williams' fifth collateral attack on the same 2013 judgment.
The trial court properly dismissed Williams' postconviction motion because his claims were not cognizable under rule 3.800(a). The appeal was frivolous as it represented Williams' fifth collateral attack on the same 2013 judgment with no relief obtained in any previous attempt.
[1] A motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a) is not the proper vehicle to challenge the basis for reclassification of a conviction…
[2] A prisoner who files a frivolous or malicious appeal may be subject to sanctions, including a prohibition against future pro se filings and disciplinary procedures.
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Join FLexlaw to unlock all legal intelligence“Williams asserted that his convictions violated double jeopardy and that the basis for reclassification of his aggravated battery conviction was not orally announced. The trial court determined that his claims were not cognizable in a 3.800(a) motion.”
Establishes the claims raised and the basis for dismissal
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Join FLexlaw to unlock all legal intelligenceMaurice Williams was convicted in 2013 in Leon County Circuit Court (Case Number 2012-CF-896). He filed a motion for postconviction relief under rule …
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PER CURIAM.
Maurice Williams appeals an order summarily dismissing his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.800(a). Williams asserted that his convictions violated double jeopardy and that the basis for reclassification of his aggravated battery conviction was not orally announced. The trial court determined that his claims were not cognizable in a 3.800(a) motion. Finding no error by the trial court, we affirm. We also conclude that this appeal is frivolous. This appeal marks Williams’ fifth collateral attack on his 2013 judgment and sentence in Leon County Circuit Court Case Number 2012-CF-896. He appealed from orders denying postconviction relief in cases
1D14-5122, 1D17-0669, 1D18-0162, and 1D19-1729. Williams received no relief in any of these cases. The Court warns Williams 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 the Florida Department of Corrections for disciplinary procedures. See § 944.279(1), Fla. Stat. (2021) (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. RAY, OSTERHAUS, and NORDBY, JJ., concur. _____________________________