Jermaine D. Logan v. State

District Court of Appeal of Florida

Jermaine D. Logan v. State

149 So. 3d 72, 2014 WL 4082600, 2014 Fla. App. LEXIS 12817

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 2014

Docket4D14-1812

StatusPublished

Cited by1 cases

This text of 149 So. 3d 72 (Jermaine D. Logan v. State) 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.

Bluebook

Jermaine D. Logan v. State, 149 So. 3d 72, 2014 WL 4082600, 2014 Fla. App. LEXIS 12817 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of the defendant’s “motion to clarify,” which we treat as a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a).

The defendant’s motion challenged the sufficiency of his aggravated battery conviction entered after plea in this case. However, the defendant’s motion did not establish an illegal sentence for purposes of rule 3.800(a). Instead, the defendant has sought a procedurally-barred and untimely request for post-conviction relief under Florida Rule of Criminal Procedure 3.850. See, e.g., Hallmon v. State, 139 So.3d 405, 406 (Fla. 4th DCA 2014). Moreover, the defendant already has raised this claim in a previous rule 3.800(a) motion, the denial of which we affirmed on *73 appeal. See Logan v. State, 979 So.2d 237 (Fla. 4th DCA 2008). As a result, collateral estoppel bars this claim. See, e.g., McKeman v. State, 139 So.3d 948 (Fla. 4th DCA 2014).

Because we warned appellant in Logan v. State, 21 So.3d 917, 918 (Fla. 4th DCA 2009), that continued filing of frivolous post-conviction motions would result in sanctions, we direct the clerk-of this court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. State v. Spencer, 751 So.2d 47, 51 (Fla.1999). Further, we warn appellant that future frivolous filings will result in additional sanctions, such as a bar on pro se filings in this court. Id.

Affirmed with referral for consideration of disciplinary procedures.

STEVENSON, GERBER and FORST, JJ., concur.

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PER CURIAM.

We affirm the trial court’s denial of the defendant’s “motion to clarify,” which we treat as a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a).

The defendant’s motion challenged the sufficiency of his aggravated battery conviction entered after plea in this case. However, the defendant’s motion did not establish an illegal sentence for purposes of rule 3.800(a). Instead, the defendant has sought a procedurally-barred and untimely request for post-conviction relief under Florida Rule of Criminal Procedure 3.850. See, e.g., Hallmon v. State, 139 So.3d 405, 406 (Fla. 4th DCA 2014). Moreover, the defendant already has raised this claim in a previous rule 3.800(a) motion, the denial of which we affirmed on *73 appeal. See Logan v. State, 979 So.2d 237 (Fla. 4th DCA 2008). As a result, collateral estoppel bars this claim. See, e.g., McKeman v. State, 139 So.3d 948 (Fla. 4th DCA 2014).

Because we warned appellant in Logan v. State, 21 So.3d 917, 918 (Fla. 4th DCA 2009), that continued filing of frivolous post-conviction motions would result in sanctions, we direct the clerk-of this court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. State v. Spencer, 751 So.2d 47, 51 (Fla.1999). Further, we warn appellant that future frivolous filings will result in additional sanctions, such as a bar on pro se filings in this court. Id.

Affirmed with referral for consideration of disciplinary procedures.

STEVENSON, GERBER and FORST, JJ., concur.

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Bluebook (online)

149 So. 3d 72, 2014 WL 4082600, 2014 Fla. App. LEXIS 12817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jermaine-d-logan-v-state-fladistctapp-2014.

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