KEVIN LAMAR BROWN
v.
STATE OF FLORIDA
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A habeas corpus petition raising claims that constitute untimely and successive postconviction relief claims is frivolous and constitutes an abuse of the postconviction process.
[1] A habeas corpus petition presenting claims that, if properly characterized as postconviction relief, are both untimely and successive constitutes a frivolous petition and…
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Join FLexlaw to unlock all legal intelligenceKevin Lamar Brown filed a petition for writ of habeas corpus in the Circuit Court for Escambia County. The petition raised claims that would constitut…
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PER CURIAM.
Appellant’s petition for writ of habeas corpus raises claims that, if properly treated as a motion for postconviction relief, are untimely and successive, and is therefore frivolous and an abuse of the postconviction process. We affirm the lower court’s denial of the motion, and we direct the Clerk to forward a certified copy of this opinion to the Department of Corrections for potential disciplinary action against Appellant. See Ponton v. Willis, 172 So. 3d 574, 576-77 (Fla. 1st DCA 2015).
AFFIRMED.
B.L. THOMAS, ROWE, and OSTERHAUS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Kevin Lamar Brown, pro se, Appellant.
Ashley Moody, Attorney General, Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee.
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