Ponton v. State

Full title: GREGORY PONTON, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 14, 2001

802 So. 2d 385 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D01-2010

Opinion filed November 14, 2001.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Marc Schumacher, Judge. Lower Tribunal No. 96-6548.

Gregory Ponton, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

On consideration of appellant's motion for rehearing, we withdraw the opinion dated September 5, 2001, and substitute the following opinion:

Gregory Ponton appeals the denial of his motion for postconviction relief. We affirm.

Defendant's direct appeal was affirmed, after defendant-appellant Ponton submitted a pro se brief, in a proceeding underAnders v. California, 386 U.S. 738 (1967). Ponton v. State, 744 So.2d 1009 (Fla. 3d DCA 1999) (table),review dismissed, 761 So.2d 330 (Fla. 2000).

Defendant filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. In his motion and supplemental motion the defendant raised forty-two claims. The trial court denied relief and this court affirmed. Ponton v. State, 756 So.2d 1018 (Fla. 3d DCA 2000). We have taken judicial notice of this file.

In the proceeding now before us, defendant filed a motion for postconviction relief raising forty-four claims, and an amended motion raising forty-nine claims. The trial court denied relief and the defendant has appealed.

The trial court denied some of the defendant's claims as procedurally barred and some of the claims on the merits. We find no error in the trial court's rulings.

Affirmed.