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Montgomery v. State

District Court of Appeal of Florida, First District.
Feb 4, 2019
263 So. 3d 271 (Fla. Dist. Ct. App. 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.


Benjamin Montgomery, pro se, Appellant.

Ashley B. Moody, Attorney General, Tallahassee, for Appellee.

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.


Summaries of

Montgomery v. State

District Court of Appeal of Florida, First District.
Feb 4, 2019
263 So. 3d 271 (Fla. Dist. Ct. App. 2019)
Case details for

Montgomery v. State

Case Details

Full title:Benjamin MONTGOMERY, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Feb 4, 2019

Citations

263 So. 3d 271 (Fla. Dist. Ct. App. 2019)