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Young v. State

District Court of Appeal of Florida, Fourth District.
Mar 1, 2017
212 So. 3d 498 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D16–957

03-01-2017

Kenneth W. YOUNG, Appellant, v. STATE of Florida, Appellee.

Kenneth W. Young, Carrabelle, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


Kenneth W. Young, Carrabelle, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

The order denying appellant's petition for writ of habeas corpus is affirmed. The petition was a procedurally barred, untimely and successive postconviction challenge to his conviction in 1999. See Baker v. State , 878 So.2d 1236, 1241 (Fla. 2004). Appellant's claim that he was not charged in count one of the indictment is frivolous. This same frivolous claim was rejected by the trial court and affirmed by this court in Case number 4D15–3175. Appellant's repetition of this frivolous claim is an abuse of process.

Appellant is cautioned that any further frivolous or abusive filing will result in sanctions, such as a bar on pro se filing in this court and referral to prison officials for consideration of disciplinary procedures. See State v. Spencer , 751 So.2d 47 (Fla. 1999) ; § 944.279(1), Fla. Stat. (2016).

Affirmed.

Ciklin, C.J., Taylor and May, JJ., concur.


Summaries of

Young v. State

District Court of Appeal of Florida, Fourth District.
Mar 1, 2017
212 So. 3d 498 (Fla. Dist. Ct. App. 2017)
Case details for

Young v. State

Case Details

Full title:Kenneth W. YOUNG, Appellant, v. STATE of Florida, Appellee.

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

Date published: Mar 1, 2017

Citations

212 So. 3d 498 (Fla. Dist. Ct. App. 2017)