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Benjamin MONTGOMERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District2019-02-04No. No. 1D17-3255
263 So. 3d 271

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Opinion

majority opinion

Per Curiam.

Benjamin Montgomery challenges the trial courts denial of his motion for postconviction relief. The trial court determined that Montgomerys 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.