Home/District Court of Appeal of Florida/Montgomery v. State

Montgomery v. State

263 So. 3d 271
CourtDistrict Court of Appeal of Florida
DecidedFebruary 4, 2019
DocketNo. 1D17-3255
StatusPublished

This text of 263 So. 3d 271 (Montgomery 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
Montgomery v. State, 263 So. 3d 271 (Fla. Ct. App. 2019).

Opinion

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.

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Related

State v. Spencer
751 So. 2d 47 (Supreme Court of Florida, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
263 So. 3d 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-state-fladistctapp-2019.