Powell v. State

Full title: Tyrone Powell, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Oct 27, 2021

No. 1D21-226 (Fla. Dist. Ct. App. Oct. 27, 2021)

Opinion

1D21-226

10-27-2021

Tyrone Powell, Appellant, v. State of Florida, Appellee.

Tyrone Powell, pro se, Appellant. Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Duval County. Marianne L. Aho, Judge.

Tyrone Powell, pro se, Appellant.

Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Affirmed. See Baker v. State, 878 So.2d 1236, 1245 (Fla. 2004) ("The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850."). Appellant is warned 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 as provided in section 944.279, Florida Statutes (2020) (providing that "[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal" is subject to disciplinary procedures pursuant to the rules of the Department of Corrections).

ROWE, C.J., and BILBREY and JAY, JJ., concur.