LLOYD W. JOHNS
v.
STATE OF FLORIDA
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The appellate court affirmed the trial court's denial of a habeas corpus petition, which was treated as a motion for postconviction relief. The court found the petition untimely, procedurally barred, and meritless, and warned the appellant about future frivolous filings.
The appellate court held that the trial court did not err in denying the petition. The court found the petition to be untimely and procedurally barred, and also determined the appeal itself to be frivolous.
[1] An appeal from the denial of an untimely postconviction challenge that does not establish an exception to the two-year time limit is frivolous and subject to sanctions, i…
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Join FLexlaw to unlock all legal intelligence“Untimely post-conviction challenges, which do not establish an exception to the two-year time limit, are abusive and sanctionable, and an appeal from the denial of an untimely claim is frivolous when no arguable basis for an exception to the time limitation exists.”
This quote explains the court's reasoning for deeming the appeal frivolous and supports the denial of the petition.
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Join FLexlaw to unlock all legal intelligenceLloyd W. Johns appealed the summary denial of his petition for writ of habeas corpus, which the trial court reclassified as a motion for postconvictio…
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PER CURIAM.
Lloyd W. Johns appeals an order summarily denying his petition for writ of habeas corpus, which the trial court construed as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Johns asserted that he was convicted of a crime that was not charged in the information and that the information did not allege the essential elements of the crime. The trial court found that his postconviction challenge was untimely, procedurally barred, and meritless. Finding no error by the trial court, we affirm. We also conclude that this appeal is frivolous. See Johnson v. State, 44 So. 3d 198, 200 (Fla. 4th DCA 2010) (“Untimely post-conviction challenges, which do not establish an exception to the two-year time limit, are abusive and sanctionable, and an appeal from the denial of an untimely claim is frivolous when no arguable basis for an exception to the time limitation exists.”). We note that this appeal marks Johns’ ninth postconviction case in this Court regarding his judgment and sentence in Duval County Circuit Court Case Number 04-CF-2806. He received no relief in his eight prior postconviction cases: 1D06-5128, 1D08-0684, 1D08-3820, 1D13-4487, 1D13-5181, 1D15-1042, 1D15-4313, and 1D20-0118.
The Court warns Johns 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, 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”).
ROBERTS, RAY, and TANENBAUM, JJ., concur. _____________________________