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263 So. 3d 271

Montgomery v. State

District Court of Appeal of Florida

Decided February 4, 2019

District Court of Appeal of Florida · decided 2019-02-04

Relies on State v. Spencer

Decided 2019-02-04

Per Curiam.

¶1Benjamin 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).

¶2AFFIRMED .

¶3Rowe, Ray, and Osterhaus, JJ., concur.

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