JAMES WHITE
v.
STATE OF FLORIDA
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A postconviction relief motion filed sixteen years after judgment became final is procedurally barred under rule 3.850(b) when no exception to the two-year deadline is alleged.
[1] A postconviction relief motion under Florida Rule of Criminal Procedure 3.850(b) must be filed within two years after the judgment and sentence become final, and failure…
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Join FLexlaw to unlock all legal intelligenceWhite was convicted in 2004 of two counts of sexual battery and one count of false imprisonment. His judgment became final on September 19, 2005, and …
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
JAMES WHITE, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 1D21-2157
On appeal from the Circuit Court for Leon County. Kevin J. Carroll, Judge.
February 16, 2022
PER CURIAM.
James White appeals an order denying as untimely his motion for postconviction relief. Following a 2004 trial, a jury found White guilty of two counts of sexual battery and one count of false imprisonment. Under Florida Rule of Criminal Procedure 3.850(b), White had two years after his judgment and sentence became final to seek postconviction relief. White's judgment and sentence became final on September 19, 2005, when this Court granted his motion to voluntarily dismiss the appeal of his judgment and sentence.
In October 2005, White did file a timely motion under rule 3.850, raising forty-six grounds for postconviction relief. After an evidentiary hearing, the trial court denied that motion. And this
Court affirmed White's appeal of the trial court's ruling. See White v. State, 7 So. 3d 1103 (Fla. 1st DCA 2009) (unpublished table decision).
Then, sixteen years after his judgment and sentence became final, White moved for postconviction relief for a second time. But White's motion was time-barred under rule 3.850(b), and he alleged no exception under the rule. For this reason, the trial court found that the motion was procedurally barred and dismissed White's second postconviction motion. We find no error in the trial court's ruling. See Fla. R. Crim. P. 3.850(b).
We also find that this appeal was frivolous. The Court warns White that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2021).
AFFIRMED.
ROWE, C.J., and LEWIS and M.K. THOMAS, JJ., concur.