ALBERT HALLMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the trial court’s denial of appellant’s two Florida Rule of Criminal Procedure 3.800(a) motions to correct illegal sentence. Appellant has not established an “illegal sentence” which can be corrected at any time. See Carter v. State, 786 So.2d 1173 (Fla.2001). Instead, appellant has filed a procedurally barred and untimely challenge to his conviction. See King v. State, 127 So.3d 684 (Fla. 4th DCA 2013). Because this court previously has warned appellant about filing frivolous post-conviction motions, we direct the Clerk of this Court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. See § 944.279(1), Fla. Stat. (2013); Steed v. State, 120 So.3d 113 (Fla. 4th DCA 2013). Further, we warn appellant that future frivolous filings will result in additional sanctions, such as a bar on pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla.1999).
Affirmed with referral for consideration of disciplinary procedures.
TAYLOR, GERBER and FORST, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Logan v. State, 149 So. 3d 72 (Fla. 4th DCA 2014)…did not establish an illegal sentence for purposes of rule 3.800(a). Instead, the defendant has sought a procedurally-barred and untimely request for post-conviction relief under Florida Rule of Criminal Procedure 3.850. See, e.g., Hallmon v. State, 139 So. 3d 405, 406 (Fla. 4th DCA 2014). Moreover, the defendant already has raised this claim in a previous rule 3.800(a) motion, the denial of which we affirmed on [*73] appeal. See Logan v. State, 979 So. 2d 237 (Fla. 4th DCA 2008). As a result, collateral esto…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Carter v. State, 786 So. 2d 1173 (Fla. 2001)
- Steed v. State, 120 So. 3d 113 (Fla. 4th DCA 2013)
- King v. State, 127 So. 3d 684 (Fla. 4th DCA 2013)