AMES
v.
STATE OF FLORIDA
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Loren Mark Ames appealed an order denying his postconviction motion under Florida Rule of Criminal Procedure 3.800(a) challenging his life sentence for second-degree murder imposed in 2002. The appellate court affirmed the denial, finding the petition frivolous and successive, and referred Ames to the Department of Corrections for sanctions.
The court affirmed the denial of Ames' postconviction motion, finding it frivolous and successive. The court referred Ames to the Department of Corrections for disciplinary sanctions under Florida Statute § 944.279 and warned that future frivolous or malicious filings may result in further sanctions, including a prohibition on pro se filings.
[1] An inmate may be referred for disciplinary sanctions under Florida Statute 944.279 for filing a frivolous postconviction motion without first requiring a Spencer order.
[2] Successive frivolous postconviction appeals may result in sanctions including prohibition of future pro se filings in the appellate court.
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Join FLexlaw to unlock all legal intelligenceAmes was convicted by jury trial in 2002 of second-degree murder and sentenced to life imprisonment. He filed a postconviction motion under Rule 3.800…
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June 26, 2024 PER CURIAM.
Loren Mark Ames appeals an order denying his postconviction motion filed under Florida Rule of Criminal Procedure 3.800(a). Ames sought to challenge his life sentence imposed after a 2002 jury trial with a conviction of second-degree murder. We affirm.
The court finds that this petition is frivolous and successive and refers Ames to the Department of Corrections for sanctions. See § 944.279, Fla. Stat. (2023) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”); Ponton v. Willis, 172 So. 3d 574, 576 (Fla. 1st DCA 2015) (explaining that a Spencer order is not required before a court may refer an inmate for disciplinary action under the statute based on a frivolous filing).
This is Ames’ fourth frivolous appeal filed in this court seeking to collaterally attack his 2002 judgment and sentence. See Ames v. State, 985 So. 2d 1094 (Fla. 1st DCA 2008) (affirming order denying a rule 3.850 motion); Ames v. State, 132 So. 3d 224 (Fla. 1st DCA 2013) (affirming order denying a rule 3.800(a) motion); Ames v. State, 166 So. 3d 767 (Fla. 1st DCA 2015) (affirming order denying a rule 3.800(a) motion).
The court warns Ames that any future filings that this court determines to be frivolous or malicious may result in the imposition of further sanctions, including a prohibition against any future pro se filings in this court.
AFFIRMED. ROWE, BILBREY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Loren Mark Ames, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
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Citator
Cited By
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Ames v. State, 166 So. 3d 767 (Fla. 1st DCA 2024)
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Alcazar v. State (Fla. 1st DCA 2019)
Authorities Cited
- Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)
- Ames v. State, 166 So. 3d 767 (Fla. 1st DCA 2024)