Legal Opinion

Leyva v. State

District Court of Appeal of Florida

Decided November 21, 2012No. 4D12-395PublishedCited by 1 opinion

1Per curiam

We affirm the trial court’s order denying appellant’s untimely postconviction motion. The order referred appellant to prison officials for disciplinary proceedings for having filed a frivolous collateral criminal proceeding. § 944.279(1), Fla. Stat. (2011). The untimely motion raised, in the trial court’s words, many “vacuous, pseudo-legal arguments.” We agree entirely with the trial court’s assessment, and because this appeal is likewise devoid of any arguable merit, we refer appellant to prison officials for disciplinary proceedings.

In 2005, a jury convicted appellant of attempted sexual…

2Cases cited6 opinions

  1. Lugo v. StateSupreme Court of Florida · 2008
  2. Spencer v. Florida Dept. of CorrectionsSupreme Court of Florida · 2002
  3. Leyva v. StateDistrict Court of Appeal of Florida · 2006
  4. Marc v. StateDistrict Court of Appeal of Florida · 2010
  5. Leyva v. StateDistrict Court of Appeal of Florida · 2006

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3Cited by1 opinion

  1. Angel Guzman v. StateDistrict Court of Appeal of Florida · 2015

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