LAW.coLAW.co

WIMS v. STATE (2021)

District Court of Appeal of Florida, First District.2021-09-29No. No. 1D21-760

Summary

Holding. The petition is dismissed. The court ordered Wims to show cause within twenty days why sanctions should not be imposed, including a potential prohibition on future pro se filings related to this case and referral to the Department of Corrections for disciplinary action.

Roderick Kenneth Wims was convicted in 2012 of attempted second-degree murder with a firearm enhancement and sentenced to life in prison. His direct appeal was affirmed in 2014. Nine years after trial, Wims filed a habeas corpus petition arguing that the charging document was defective because it failed to allege all elements of attempted second-degree murder—an argument that could have been raised on direct appeal or through postconviction motions.

The court dismissed the petition, holding that habeas corpus is not an appropriate remedy for claims that should have been addressed through direct appeal or postconviction proceedings. The opinion noted that this was Wims' sixth collateral attack on his conviction, following three prior dismissed ineffective-assistance-of-counsel petitions, one dismissed postconviction motion appeal, and one previously dismissed habeas petition. The court found the current petition frivolous given this pattern of unsuccessful, repetitious filings.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether habeas corpus is an appropriate vehicle for raising defects in the charging document that could have been raised on direct appeal
  • Whether repeated, frivolous postconviction filings warrant sanctions against a pro se litigant
  • Proper use of habeas corpus in relation to direct appeal and Rule 3.850 postconviction remedies

Procedural posture

Wims petitioned for a writ of habeas corpus approximately nine years after his 2012 conviction and seven years after his direct appeal affirming the judgment and sentence became final.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

In 2012, the State charged Roderick Kenneth Wims by amended information with attempted premeditated murder in the first degree, along with three other felony offenses. At trial, on the murder count, the trial court instructed the jury on the lesser-included offense of attempted murder in the second degree. The jury returned a guilty verdict on that lesser-included offense, with a special finding that Wims possessed and discharged a firearm resulting in great bodily harm. As to the three other felony offenses, the jury returned a not guilty verdict on two counts and the trial court granted a judgment of acquittal on one count. The trial court adjudicated Wims guilty and sentenced him to life in prison. This Court affirmed the judgment and sentence on direct appeal. Wims v. State, 130 So. 3d 232 (Fla. 1st DCA 2014) (unpublished table decision).

Now, nine years after his trial and seven years after his judgment and sentence became final, Wims petitions for a writ of habeas corpus. Wims alleges that the information filed against him in 2012 was fundamentally defective because it did not include all the elements of attempted second-degree murder. We dismiss the petition because “habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have, should have, or have been, raised in rule 3.850 proceedings.” White v. Dugger, 511 So. 2d 554, 555 (Fla. 1987); Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004).

This petition is Wims’ sixth collateral attack on his judgment and sentence. He filed three petitions alleging ineffective assistance of appellate counsel: 1D14-4204, 1D14-5402, and 1D15-0889. This Court dismissed all three petitions, and warned Wims in the third case that future frivolous filings could result in sanctions, including a prohibition against future pro se filings in this Court. See Wims v. State, 148 So. 3d 524 (Fla. 1st DCA 2014) (Mem.); Wims v. State, 152 So. 3d 573 (Fla. 1st DCA 2014) (unpublished table decision); Wims v. State, 159 So. 3d 1001 (Fla. 1st DCA 2015) (Mem.) (including sanctions warning).

Wims appealed an order summarily denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 in 1D17-1794. This Court affirmed the trial courts order. See Wims v. State, 234 So. 3d 657 (Fla. 1st DCA 2017) (unpublished table decision). And before this habeas petition, Wims sought habeas relief in 1D19-2799. This Court dismissed the petition. Wims v. State, 289 So. 3d 988 (Fla. 1st DCA 2020) (Mem.).

These cases reveal a history of filing repetitious and frivolous postconviction petitions and appeals. Wims has not obtained relief in any of these cases, and his current petition is frivolous. Thus, pursuant to State v. Spencer, 751 So. 2d 47 (Fla. 1999), Wims shall show cause within twenty days of the date of this opinion why sanctions should not be imposed on him, including a prohibition on further pro se filings in this Court related to the judgment and sentence in Alachua County Circuit Court Case 2011-CF-4346-A, and a referral of this matter to the Department of Corrections for disciplinary action under section 944.279, Florida Statutes (2020).

Dismissed.

Per Curiam.

Rowe, C.J., and Lewis and Winokur, JJ., concur.