Legal Opinion

Ghent v. State

District Court of Appeal of Florida

Decided September 11, 2009No. 2D08-6436Published

1Per curiam

Herbert L. Ghent appeals the order denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of his motion; however, we reverse the provision in the order declaring that Ghent will be sanctioned if he files another motion challenging his sentences.

Before filing the current motion, Ghent had unsuccessfully raised the same claim of illegal sentences in at least three earlier rule 3.800(a) motions. Consequently, when the postconviction court denied this motion, it included in its order a provision indicating it would impose…

2Cases cited3 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Jordan v. StateDistrict Court of Appeal of Florida · 2000
  3. Butler v. StateDistrict Court of Appeal of Florida · 2007

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