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728 So. 2d 1237

Docket No. 99-482.

Duncan v. State

Terry Lee DUNCAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1999-04-07

Cited by 19 later decisions — most recently September 2006

19 state decisions

Relies on 489 So. 2d 22 - Christopher v. State · 470 So. 2d 687 - Francois v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-07

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¶1Terry Lee Duncan, in proper person.

¶2Robert A. Butterworth, Attorney General, for appellee.

¶3Before JORGENSON, GERSTEN, and SORONDO, JJ.

¶4PER CURIAM.

¶5In 1993, defendant was convicted of attempted first degree murder, armed robbery, and armed burglary. This court affirmed the conviction on direct appeal, and has affirmed the denials of two previous motions for post conviction relief.

¶6As the Florida Supreme Court has repeatedly held, successive motions for post conviction relief are procedurally barred. See Christopher v. State,489 So.2d 22 (Fla. 1986); Francois v. State,470 So.2d 687 (Fla. 1985). The defendant is abusing the judicial process by filing successive motions that attempt to litigate issues that were, could, or should have been raised either on direct appeal or in his previous motions. Accordingly, we affirm the denial of his motion for post conviction relief.

¶7We caution defendant that "a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal in any court is subject to having his or her gain time forfeited." O'Brien, 689 So.2d at *1238 337 (citing section 944.28(2)(a), Florida Statutes (1997) ("All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner ... is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court.")).

¶8AFFIRMED.

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