MARVIN J. RAHYMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1999-04-23
No. 99-399
W. SHARP and PETERSON, JJ., concur., GRIFFIN, C. J., concurs specially with opinion.
730 So. 2d 420 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 20 cases

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Synopsis

Rahymes appeals the summary denial of his eighth post-conviction motion challenging his life sentence for second-degree murder imposed pursuant to a plea agreement. The court affirms and invokes its "Enough is Enough" rule to prohibit future pro se filings relating to his sentence and judgment without attorney review.


Holding

The court affirms the denial of the motion as successive under the law of the case doctrine and the Criminal Appeal Reform Act of 1996, and imposes the "Enough is Enough" rule prohibiting future pro se filings relating to Rahymes' sentence and judgment without attorney review.


Headnotes

[1] Successive collateral attacks on a judgment or sentence are subject to dismissal if they fail to allege new or different grounds and prior determinations of those grounds…

[2] The Criminal Appeal Reform Act of 1996 mandates strict enforcement of procedural bars to collateral review.

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Key Quotes

“Successive motions are subject to dismissal if they fail to allege new or different grounds, and the prior determinations of those grounds was on the merits.”

Establishes the legal standard for dismissing successive post-conviction motions based on the law of the case doctrine.

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Facts & Procedural History

Rahymes pled guilty to second-degree murder as part of a plea bargain, having been charged with first-degree murder, and agreed the court could impose…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Rahymes appeals from the summary denial of his motion for post-conviction relief filed pursuant to both Rules 3.800(a) and 3.850 of the Florida Rules of Criminal Procedure. This is Rahymes’ (at least) eighth post-conviction attack on his life sentence for the crime of second-degree murder. We affirm. Not only is his current challenge without merit, it is grossly successive and improper. As part of a plea bargain, Rahymes pled guilty to second-degree murder, having been charged with first-degree murder. He also agreed the court could impose a departure sentence up to and including a life sentence. The court sentenced him to life on November 23,1987, a departure sentence, noting that as part of the plea agreement Rahymes had agreed to a sentence beyond the guidelines range.

Then commenced Rahymes’ challenges to his sentence and judgment. He filed an appeal, questioning whether the court properly imposed a departure sentence. This court affirmed without opinion. Rahymes v. State, 525 So. 2d 899 (Fla. 5th DCA 1988).

Collateral attacks followed:

1. In 1989, Rahymes filed a Rule 3.850 motion, claiming his plea was involuntary and his counsel ineffective. The motion was summarily denied, and he filed no appeal.

2. In 1990, Rahymes filed a Rule 3.800(a) motion, claiming his score sheet was improperly calculated. The motion was summarily denied and no appeal was filed.

3. In 1991, Rahymes filed a second Rule 3.850 motion claiming his plea was not voluntary and his trial counsel was ineffective. The trial court denied the motion, and Rah-ymes appealed. This court affirmed without opinion. Rahymes v. State, 583 So. 2d 694 (Fla. 5th DCA 1991).

4. In 1992, Rahymes filed his second Rule 3.800(a) motion which the trial court denied. Rahymes appealed, but the appeal was dismissed for failure to pay the filing fee or obtain an order of insolvency. (Case No. 92-1947)

5. In 1995, Rahymes filed a third Rule 3.800(a) motion, challenging the departure sentence on the ground he only agreed to a harsher sentence than the guidelines range provided, if it was “appropriate” in the sense that the trial judge could support it with adequate reasons — other than that it was part of a plea agreement. The trial court denied the motion, finding these issues had been raised and addressed in the prior motions. Rahymes appealed, and this court affirmed without opinion. Rahymes v. State, 661 So. 2d 18 (Fla. 5th DCA 1995).

6. In 1997, Rahymes filed a third Rule 3.850 motion, claiming ineffective assistance of trial counsel and plea and sentencing errors. The trial court denied the motion, and again this court affirmed without opinion. Rahymes v. State, 699 So. 2d 700 (Fla. 5th DCA), rev. dismissed, 701 So. 2d 868 (Fla. 1997).

7. Last year, Rahymes sought a petition for habeas corpus in the Florida Supreme Court. It was denied. Rahymes v. Singletary, 717 So. 2d 536 (Fla.1998).

In this proceeding Rahymes again argues his sentence was improper because there was no agreement about his receiving a departure sentence. The trial court denied it on the ground this issue had been passed on in the 1995 and 1997 proceedings. He moved for rehearing on the ground his sentence was illegal, and thus it could be corrected at any time. The trial court summarily denied the motion.

Although this court has not previously written an opinion in Rahymes’ prior challenges to his judgment and sentence, that does not forestall the application of the principle that the law of the case applies to his successive collateral proceedings. Successive motions are subject to dismissal if they fail to allege new or different grounds, and the prior determinations of those grounds was on the merits. Foster v. State, 614 So. 2d 455, 458 (Fla.1992), cert. denied, 510 U.S. 951, 114 S.Ct. 398, 126 L.Ed.2d 346 (1993); Davis v. State, 589 So. 2d 896 (Fla. 1991); Raley v. State, 675 So. 2d 170, 173-74 (Fla. 5th DCA 1996). Rahymes’ current successive motion is also barred by the Criminal Appeal Reform Act of 1996, Chapter 96-248. Effective July 1,1996, section 924.051(8) provides that it is the Legislature’s intent that the terms and conditions of collateral review and procedural bars to collateral review shall be strictly enforced.

Further, we point out that section 944.28(2)(a) provides a prisoner, who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal in any court, is subject to having all or any part of his or her gain time forfeited. See O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997). Repeated successive claims clearly fall into the frivolous category.

In the past, trial courts have told Rahymes that his pleadings seeking to collaterally attack his judgment and conviction are improper because they are successive. We affirm the trial court’s order denying relief on that ground.

But because Rahymes has repeatedly abused the judicial system in this regard, we think he qualifies for this court’s “Enough is Enough” rule. See Davis v. State, 705 So. 2d 133, 135 (Fla. 5th DCA 1998); Isley v. State, 652 So. 2d 409, 410-11 (Fla. 5th DCA 1995). Accordingly, we prohibit him from filing any additional pro se appeals, pleadings, motions and petitions relating to any issue raised in the proceedings described above, or any issue which could or should have been raised in those proceedings. Any further pleadings filed in this court relating to Rahymes’ sentence and judgment in Orange County Case No: CR87-677 must be reviewed and signed by an attorney, licensed to practice law in this state.

AFFIRMED.

W. SHARP and PETERSON, JJ., concur. GRIFFIN, C. J., concurs specially with opinion.

Concurrence
GRIFFIN, C.J.,

GRIFFIN, C.J.,

concurring specially.

See Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997).


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Citator

Cited By

  • Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001)
    …v. State, 285 So. 2d 40 (Fla. 4th DCA 1973), defendant has. appealed the denial of five Rule 3.850 motions and one prior motion to correct sentence. He also has filed several habeas corpus petitions.1 Enough is enough. See, e.g ., Rahymes v. State, 730 So. 2d 420 (Fla. 5th DCA), appeal dismissed, 733 So. 2d 516 (Fla.1999); Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998). Defendant is warned that filing any additional successive and frivolous pro se petit…
  • Hastings v. State, 788 So. 2d 342 (Fla. 5th DCA 2001)
    …s or petitions relating to his conviction and sentence in trial court case 74-179-CF, unless reviewed and signed by an attorney licensed to practice in the State of Florida. See Johnson v. State, 787 So. 2d 934 (Fla. 5th DCA 2001); Rahymes v. State, 730 So. 2d 420, 422 (Fla. 5th DCA), cause dismissed, 733 So. 2d 516 (Fla.1999); Davis v. State, 705 So. 2d 133, 135 (Fla. 5th DCA 1998); Isley v. State, 652 So. 2d 409, 410-411 (Fla. 5th DCA 1995); see also Lockett v. State, 769 So. 2d 1141 (Fla. 5th DCA 2000). A…
  • Gaffney v. State, 775 So. 2d 1000 (Fla. 5th DCA 2000)
    …ny additional pro se appeals, pleadings, motions or petitions relating to his conviction and sentence in trial court case number 00-0188-CA-53, unless reviewed and signed by an attorney licensed to practice in the State of Florida. Rahymes v. State, 730 So. 2d 420, 422 (Fla. 5th DCA), cause dismissed, 733 So. 2d 516 (Fla.1999); Davis v. State, 705 So. 2d 133, 135 (Fla. 5th DCA 1998); Isley v. State, 652 So. 2d 409, 410-411 (Fla. 5th DCA 1995). See also Lockett v. State, 769 So. 2d 1141 (Fla. 5th DCA 2000).…

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