EDWARD F. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Edward F. Smith appeals the denial of his untimely and successive Rule 3.850 motion again attempting to collaterally challenge his 1996 conviction and sentence. The November 2012 motion raises a frivolous claim of newly discovered evidence. He claims that the prosecutor was an “imposter” because he was allegedly not designated or appointed to sign the indictment. It is well-established that this type of claim is frivolous. Roker v. State, 25 *156So.3d 647 (Fla. 4th DCA 2010). An allegation that a charging document was not properly signed or verified provides no basis for postconviction relief. See Logan v. State, 1 So.3d 1253 (Fla. 4th DCA 2009); Fla. R.Crim. P. 3.140(g); see also Fla. R.Crim. P. 3.140(o).
The Clerk of this Court is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla. Stat. (2012). Appellant is cautioned that any further frivolous filing will result in the sanction of this court no longer accepting his pro se filings. State v. Spencer, 751 So.2d 47 (Fla.1999).
Affirmed. Appellant referred to prison officials.
GROSS, CIKLIN and FORST, JJ„ concur.
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Holley v. State, 128 So. 3d 111 (Fla. 4th DCA 2013)…r verified. See Roker v. State, 25 So. 3d 647, 647 (Fla. 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. H…
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Wooten v. State, 254 So. 3d 351 (Fla. 2d DCA 2018)…3d 258 (Fla. 2011); McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Smith v. State, 120 So. 3d 155 (Fla. 4th DCA 2013); Johnson v. Office of State Attorney, 987 So. 2d 206 (Fla. 5th DCA 2008); Francois v. State, 934 So. 2d 536 (Fla. 3d DCA 2006). SILBERMAN, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.…
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Wooten v. State, 255 So. 3d 815 (Fla. 2d DCA 2018)…530 (Fla. 2d DCA 2013); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001); Smith v. State, 120 So. 3d 155 (Fla. 4th DCA 2013); Johnson v. Office of State Attorney, 987 So. 2d 206 (Fla. 5th DCA 2008); Francois v. State, 934 So. 2d 536 (Fla. 3d DCA 2006); Lee v. State, 847 So. 2d 1142 (Fla. 3d DCA 2003). SILBERMAN, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ.,…
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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)
- Roker v. State, 25 So. 3d 647 (Fla. 4th DCA 2010)