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Benjamin Montgomery v. State of Florida, 17-3255 (2019)

Court: District Court of Appeal of Florida Number: 17-3255 Visitors: 1
Filed: Feb. 04, 2019
Latest Update: Mar. 03, 2020
Summary: 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, malici
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          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.




                               2

Source:  CourtListener

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