NORMAN D. REYNOLDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Norman Reynolds, serving a life sentence for sexual battery of a child under 12 and two counts of lewd and lascivious molestation, appealed the denial of a postconviction motion seeking relief from judgment. The appellate court affirmed the denial, finding the motion untimely, successive, and frivolous.
The trial court properly denied Reynolds' motion as untimely. The claim was not only untimely but also successive and frivolous, presenting no colorable argument for reversal.
[1] Untimely and successive postconviction challenges to a trial court's subject matter jurisdiction based on a prosecutor's alleged failure to take sworn testimony of a mate…
[2] A postconviction motion challenging jurisdiction based on the prosecutor's alleged failure to obtain sworn testimony of a material witness before filing an information is…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“His convictions and sentences—Duval County Case No. 04-CF-2821—were per curiam affirmed on direct appeal and have been final for more than 9 years.”
Establishes the finality of Reynolds' convictions and the extensive time elapsed since direct appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceReynolds was convicted in 2004 of one count of sexual battery of a child under 12 and two counts of lewd and lascivious molestation. He received a lif…
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Appellant is serving a life sentence for one count of sexual battery of a child under 12, along with 30-year sentences for two counts of lewd and lascivious molestation. His convictions and sentences—Duval County Case No. 04-CF-2821—were per curiam affirmed on direct appeal and have been final for more than- 9 years. See Reynolds v. State, 977 So.2d 584 (Fla. 1st DCA 2008) (table) (mandate issued April 16, 2008).
‘Appellant has filed rhultiple 'motions seeking postconviction relief over the years, but he has not obtained any relief. See Reynolds v. Jones, 176 So.3d 1020 *755(Fla. 1st DCA 2015) (dismissing the untimely appeal of a rule 3.850 motion); Reynolds v. State, Case No. 1D14-4346 (Fla. 1st DCA Nov. 25, 2014) (unpublished order dismissing appeal from an order denying a rule 3.850 motion); Reynolds v. State, 65 So.3d 1059 (Fla. 1st DCA 2011) (table) (affirming the denial of a rule 3.850 motion). His current motion seeks “relief from judgment” pursuant to . Florida Rule of Civil Procedure 1.540(b) and several provisions of Federal Rule of Civil Procedure 60, but the trial court properly treated the motion as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The court denied the motion as untimely.1
We affirm the denial of the motion. The claim raised in the- motion—that Appellant’s convictions and sentences are void because the information was not supported by sworn testimony of a material witness—is not only untimely, but it is also successive. and frivolous. See Edwards v. State, 128 So.3d 134, 135 (Fla. 1st DCA 2013); Logan v. State, 1 So.3d 1253, 1254-55 (Fla. 4th DCA 2009). The brief filed by Appellant did not present a colorable argument for reversal of the trial court’s order.
Because we find this appeal to be frivolous, we direct the clerk to forward a certified copy of this opinion to the Department of Corrections for appropriate disciplinary action against Appellant. See § 944.279, Fla. Stat.; Ponton v. Willis, 172 So.3d 574 (Fla. 1st DCA 2015). Additionally, we caution Appellant that the filing of any additional frivolous or repetitious appeals or petitions in this court challenging his convictions and sentences in Duval County Case No. 04-CF-2821 may result in an order barring him from further pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla. 1999); Fla. R. App. P. 9.410.
AFFIRMED.
WETHERELL, RAY, and MAKAR, JJ„ CONCUR.
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Citator
Cited By
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Carsten v. State (Fla. 1st DCA 2025)…mely and successive postconviction challenges to a trial court’s subject matter jurisdiction based on a prosecutor’s alleged failure to take the sworn testimony of a material witness before filing the charging document. See, e.g., Reynolds v. State, 221 So. 3d 754, 755 (Fla. 1st DCA 2017) (“The claim raised in the motion—that Appellant’s convictions and sentences are void because the information was not supported by sworn testimony of a material witness—is not only untimely, but it is also successive and friv…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009)
- Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)
- Edwards v. State, 128 So. 3d 134 (Fla. 1st DCA 2013)
- Marc v. Miller, 172 So. 3d 574 (Fla. 1st DCA 2015)
- Reynolds v. Jones, 176 So. 3d 1020 (Fla. 1st DCA 2015)