JAMES WHITE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2009-04-16
No. 21-2157
7 So. 3d 1103 Florida District Court of Appeal, First District (2009) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court affirmed the trial court's denial of James White's second motion for postconviction relief, finding it untimely filed. The court also warned White that future frivolous filings may result in sanctions.


Holding

The appellate court held that the trial court did not err in dismissing White's second motion for postconviction relief because it was filed sixteen years after his judgment and sentence became final, and he alleged no exception to the rule's time limit.


Headnotes

[1] A postconviction relief motion under Florida Rule of Criminal Procedure 3.850(b) must be filed within two years after the judgment and sentence become final, and failure…

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Key Quotes

“Under Florida Rule of Criminal Procedure 3.850(b), White had two years after his judgment and sentence became final to seek postconviction relief.”

Establishes the general time limit for postconviction relief.

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Facts & Procedural History

James White was convicted in 2004 and his judgment and sentence became final in September 2005. He filed a timely motion for postconviction relief in …

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Opinion of the Court
Affirmed. Rowe

PER CURIAM.

James White appeals an order denying as untimely his motion for postconviction relief. Following a 2004 trial, a jury found White guilty of two counts of sexual battery and one count of false imprisonment. Under Florida Rule of Criminal Procedure 3.850(b), White had two years after his judgment and sentence became final to seek postconviction relief. White’s judgment and sentence became final on September 19, 2005, when this Court granted his motion to voluntarily dismiss the appeal of his judgment and sentence. In October 2005, White did file a timely motion under rule 3.850, raising forty-six grounds for postconviction relief. After an evidentiary hearing, the trial court denied that motion. And this Court affirmed White’s appeal of the trial court’s ruling. See White v. State, 7 So. 3d 1103 (Fla. 1st DCA 2009) (unpublished table decision). Then, sixteen years after his judgment and sentence became final, White moved for postconviction relief for a second time. But White’s motion was time-barred under rule 3.850(b), and he alleged no exception under the rule. For this reason, the trial court found that the motion was procedurally barred and dismissed White’s second postconviction motion. We find no error in the trial court’s ruling. See Fla. R. Crim. P. 3.850(b). We also find that this appeal was frivolous. The Court warns White 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. (2021).

AFFIRMED. ROWE, C.J., and LEWIS and M.K. THOMAS, JJ., concur. _____________________________


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Citator

Cited By

  • White v. State, 7 So. 3d 1103 (Fla. 1st DCA 2009)
    …id file a timely motion under rule 3.850, raising forty-six grounds for postconviction relief. After an evidentiary hearing, the trial court denied that motion. And this Court affirmed White’s appeal of the trial court’s ruling. See White v. State, 7 So. 3d 1103 (Fla. 1st DCA 2009) (unpublished table decision). Then, sixteen years after his judgment and sentence became final, White moved for postconviction relief for a second time. But White’s motion was time-barred under rule 3.850(b), and he alleged no ex…

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