BENJAMIN MONTGOMERY
v.
STATE OF FLORIDA
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A postconviction relief motion that is untimely, successive, and constitutes an abuse of process may be properly denied by the trial court.
[1] Repetitive, malicious, or frivolous pro se filings in an appellate court may result in sanctions including bars on future pro se filings or referral to prison officials f…
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Join FLexlaw to unlock all legal intelligenceBenjamin Montgomery filed a motion for postconviction relief that was challenged as untimely and successive. The trial court denied the motion on thes…
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February 4, 2019 PER CURIAM.
Benjamin Montgomery challenges the trial court’s denial of his motion for postconviction relief. The trial court determined that Montgomery’s motion was untimely, successive, and an abuse of process. We agree, and caution Montgomery that repetitive, malicious, or frivolous filings in this Court will result in sanctions such as a bar on pro se filing in this Court or referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); § 944.279(1), Fla. Stat (2018).
AFFIRMED.
ROWE, RAY, and OSTERHAUS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Benjamin Montgomery, pro se, Appellant. Ashley B. Moody, Attorney General, Tallahassee, for Appellee.
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Cited By
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Peruchi v. State (Fla. 2d DCA 2021)
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)