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Montgomery v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Feb 4, 2019
No. 1D17-3255 (Fla. Dist. Ct. App. Feb. 4, 2019)

Opinion

No. 1D17-3255

02-04-2019

BENJAMIN MONTGOMERY, Appellant, v. STATE OF FLORIDA, Appellee.

Benjamin Montgomery, pro se, Appellant. Ashley B. Moody, Attorney General, Tallahassee, for Appellee.


On appeal from the Circuit Court for Escambia County.
Thomas V. Dannheisser, Judge.

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.

Not final until disposition of any timely and authorized motion under Fla . R. App. P. 9.330 or 9.331. Benjamin Montgomery, pro se, Appellant. Ashley B. Moody, Attorney General, Tallahassee, for Appellee.


Summaries of

Montgomery v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Feb 4, 2019
No. 1D17-3255 (Fla. Dist. Ct. App. Feb. 4, 2019)
Case details for

Montgomery v. State

Case Details

Full title:BENJAMIN MONTGOMERY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Feb 4, 2019

Citations

No. 1D17-3255 (Fla. Dist. Ct. App. Feb. 4, 2019)