Benjamin Montgomery vs State of Florida

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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

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