Florida District Courts of Appeal, 2019

Montgomery v. State

Montgomery v. State
Florida District Courts of Appeal · Decided February 4, 2019
263 So. 3d 271 (Southern Reporter, Third Series)

Montgomery v. State

Opinion of the Court

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.

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