Parks v. State

District Court of Appeal of Florida

Parks v. State

101 So. 3d 1265, 2012 Fla. App. LEXIS 20446, 2012 WL 5933004

District Court of Appeal of Florida·Decided November 28, 2012·No. No. 4D11-3665·Published·Cited by 7 cases

Opinion

PER CURIAM.

Defendant filed a motion for postconviction relief challenging his conviction for rape, which became final in 1970. The trial court denied the motion as untimely and successive. We affirm.

Defendant’s motion did not present any valid exceptions to the time limitations under the rule. See Fla. R.Crim. P. 3.850(b). Further, Defendant’s motion was successive as the claims could have been raised in one of his previous motions. See Baker v. State, 878 So.2d 1236, 1243-44 (Fla.2004).

Finally, Defendant’s claim alleging deficiency in the charging instrument is frivolous. See Logan v. State, 1 So.3d 1253, 1254 (Fla. 4th DCA 2009). Defendant is cautioned that abusive, repetitive, malicious, and/or other frivolous filing may result in sanctions, such as a bar on pro se filing in this court, and/or referral to prison officials for disciplinary procedures. See § 944.279(1), Fla. Stat. (2012); State v. Spencer, 751 So.2d 47 (Fla.1999).

Affirmed.

STEVENSON, HAZOURI and GERBER, JJ., concur.

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PER CURIAM.

Defendant filed a motion for postconviction relief challenging his conviction for rape, which became final in 1970. The trial court denied the motion as untimely and successive. We affirm.

Defendant’s motion did not present any valid exceptions to the time limitations under the rule. See Fla. R.Crim. P. 3.850(b). Further, Defendant’s motion was successive as the claims could have been raised in one of his previous motions. See Baker v. State, 878 So.2d 1236, 1243-44 (Fla.2004).

Finally, Defendant’s claim alleging deficiency in the charging instrument is frivolous. See Logan v. State, 1 So.3d 1253, 1254 (Fla. 4th DCA 2009). Defendant is cautioned that abusive, repetitive, malicious, and/or other frivolous filing may result in sanctions, such as a bar on pro se filing in this court, and/or referral to prison officials for disciplinary procedures. See § 944.279(1), Fla. Stat. (2012); State v. Spencer, 751 So.2d 47 (Fla.1999).

Affirmed.

STEVENSON, HAZOURI and GERBER, JJ., concur.

Parks v. State, 101 So. 3d 1265, 2012 Fla. App. LEXIS 20446, 2012 WL 5933004 (Fla. Ct. App. 2012).

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