Opinion
No. 1D20-2187.
09-28-2022
Bradley C. PERRY, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.
Per Curiam .
AFFIRMED. See Zuluaga v. Dep't of Corr., 32 So.3d 674, 677 (Fla. 1st DCA 2010) (explaining that a trial court may dismiss, rather than transfer, a habeas petition
when the petitioner seeks relief that "`(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed.'") (quoting Baker v. State, 878 So.2d 1236, 1246 (Fla. 2004)).
The Court warns Appellant 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); see also Fla. R. App. P. 9.410(a).
Ray, Winokur, and Jay, JJ., concur.