LANCE SALTZMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the trial court’s summary denial of appellant’s untimely and successive rule 3.850 motion for postconviction relief. We reject appellant’s claim that the trial court was required to consider the “supplemental ground” that he filed before the State had responded to his motion. The supplemental ground was unauthorized because, effective July 1, 2013, appellant needed leave of Court to file an amendment after the court had issued an order requiring a response. Fla. R. Crim. P. 3.850(e); In re Amendments to Fla. Rules of Criminal Procedure, 132 So.3d 734 (Fla. 2013).
Further, we have reviewed the “supplemental ground” and find that it raises a frivolous and procedurally barred claim regarding an alleged defect in the charging information. Fla. R. Crim. P. 3.140(o). Appellant is cautioned that the filing of frivolous postconviction proceedings may result in the sanction of the courts no longer accepting his pro se filings and referral to prison officials for disciplinary procedures. See State v. Spencer, 751 So.2d 47 (Fla.1999); § 944.279(1), Fla. Stat. (2014).
Affirmed.
TAYLOR, CONNER and FORST, JJ„ concur.
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Citator
Cited By
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Wrencher v. State, 238 So. 3d 814 (Fla. 4th DCA 2018)…nd the court did not address these claims. Pursuant to Florida Rule of Criminal Procedure 3.850(e), a movant must obtain leave of court to amend a postconviction motion after the court has ordered the State to respond.1 See also Saltzman v. State, 154 So. 3d 438 (Fla. 4th DCA 2014). Wrencher neither requested nor obtained leave of court to amend his motion. The eighth and ninth claims were not addressed by the State in its response nor by the trial court in its order. Any error in the denial of these cla…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure, 132 So. 3d 734 (Fla. 2013)