Roker v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 WILLIAM ROKER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-1885 [January 6, 2010] PER CURIAM. The trial court s summary denial of appellant s successive, untimely, and frivolous rule 3.850 motion is affirmed. Appellant claimed that the circuit court lacked jurisdiction, a n d that his conviction was void, because the oath of office a n d appointment of the assistant state attorney who filed the information was not recorded in the circuit court s records. The allegation that the information was not properly signed or verified is frivolous and not a ground for postconviction relief. See Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009). An information may not be attacked on the ground it was not properly signed or verified once a defendant pleads to the merits. Fla. R. Crim. P. 3.140(g); see also Fla. R. Crim. P. 3.140(o). Appellant is cautioned that continued abuse of the postconviction process by filing frivolous or repetitive motions and/or appeals will result in sanctions. State v. Spencer, 751 So. 2d 47 (Fla. 1999); Thurston v. State, 920 So. 2d 1229 (Fla. 4th DCA 2006). Affirmed. STEVENSON, HAZOURI and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, Judge; L.T. Case No. 1997CF004373AXX. William Roker, South Bay, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.
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