Benjamin Montgomery v. State of Florida
This text of Benjamin Montgomery v. State of Florida (Benjamin Montgomery v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D17-3255 _____________________________
BENJAMIN MONTGOMERY,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. Thomas V. Dannheisser, Judge.
February 4, 2019
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. _____________________________
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.
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