WINTON ROGER COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of the appellant's untimely and successive motion for post-conviction relief, finding the claims frivolous.
The appellant filed an untimely and successive motion for post-conviction relief, alleging the State Attorney committed perjury and the trial court la…
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We affirm the trial court’s denial of appellant’s untimely and successive motion for post-conviction relief. Appellant’s *306claims that the State Attorney committed perjury, and that the trial court lacked jurisdiction, are frivolous. Logan v. State, 1 So.3d 1253 (Fla. 4th DCA 2009); Logan v. State, 21 So.3d 917 (Fla. 4th DCA 2009).
' We have seen numerous post-conviction motions filed by prisoners arguing this same frivolous issue which attempts to challenge the conviction based on allegations that the state attorney failed to receive sworn testimony from material witnesses before filing the information. Prisoners are cautioned that the filing of frivolous post-conviction challenges will not be tolerated.
The clerk is directed to send a certified copy of this opinion to the appropriate institution for disciplinary procedures. § 944.279(1), Fla. Stat. (2012). Appellant is cautioned that any further frivolous or malicious filing will result in this court imposing the sanction of no longer accepting his pro se filings. State v. Spencer, 751 So.2d 47 (Fla.1999).
Affirmed. Appellant referred to prison officials.
TAYLOR, HAZOURI and CIKLIN, JJ., concur.
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Citator
Cited By (11 total)
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Holley v. State, 128 So. 3d 111 (Fla. 4th DCA 2013)…a. 4th DCA 2010); Logan v. State, 1 So. 3d 1253, 1254 (Fla. 4th DCA 2009).2 This court has referred prisoners raising such frivolous challenges for disciplinary proceedings. E.g., Smith v. State, 120 So. 3d 155 (Fla. 4th DCA 2013); Collins v. State, 97 So. 3d 305, 306 (Fla. 4th DCA 2012). There is no requirement for two affidavits in order to issue a warrant for an arrest for a VOP, nor is there any requirement that the issuing judge take live testimony. Holley’s continued attempts to exploit alleged technic…
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Steed v. State, 120 So. 3d 113 (Fla. 4th DCA 2013)…was defective because it did not allege that the [*114] prosecutor had received sworn testimony from a material witness. It is now well-established that such claims are frivolous. Logan v. State, 21 So. 3d 917 (Fla. 4th DCA 2009); Collins v. State, 97 So. 3d 305 (Fla. 4th DCA 2012). Appellant raises another frivolous claim that his “scoresheet is illegal” because it was not signed by the judge. In an addendum, appellant attempted to go behind his plea and argued a procedurally barred claim that the evidence…
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Griffin v. State (Fla. 2d DCA 2018)…d DCA 2006); Desmond v. State, 576 So. 2d 743 (Fla. 2d DCA 1991); Edwards v. State, 128 So. 3d 134 (Fla. 1st DCA 2013); Golfe v. State, 125 So. 3d 876 (Fla. 4th DCA 2013); Wilson v. State, 109 So. 3d 240 (Fla. 4th DCA 2013); Collins v. - 2 - State, 97 So. 3d 305 (Fla. 4th DCA 2012); Johnson v. Office of State Attorney, 987 So. 2d 206 (Fla. 5th DCA 2008). SILBERMAN, VILLANTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009)
- Logan v. State, 21 So. 3d 917 (Fla. 4th DCA 2009)