Parks v. State, 101 So. 3d 1265 (Fla. 4th DCA 2012). · Go Syfert
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Parks v. State, 101 So. 3d 1265 (Fla. 4th DCA 2012). Cases Citing This Book View Copy Cite
“defendant's motion did not present any valid exceptions to the time limitations under the rule.... further, defendant's motion was successive as the claims could have been raised in one of his previous motions.”
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Gregg v. State (fladistctapp, 2013-11-20)
Top citers, strongest first. 6 distinct citers.
examined Cited as authority (verbatim quote) Gregg v. State
Fla. Dist. Ct. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
defendant's motion did not present any valid exceptions to the time limitations under the rule.... further, defendant's motion was successive as the claims could have been raised in one of his previous motions.
discussed Cited as authority (rule) Santy Castillo v. The State of Florida
Fla. Dist. Ct. App. · 2024 · confidence medium
See State v. McBride, 848 So. 2d 287 , 289–90 (Fla. 2003); Downs v. State, 740 So. 2d 506, 518 (Fla. 1999); Card v. Dugger, 512 So. 2d 829, 830 (Fla. 1987); Parks v. State, 101 So. 3d 1265, 1265 (Fla. 4th DCA 2012); Wimberly v. State, 50 So. 3d 785, 788 (Fla. 4th DCA 2010); see also McClenney v. State, 351 So. 3d 649 , 652 (Fla. 3d DCA 2022); Patton v. State, 878 So. 2d 368, 375 (Fla. 2004); Grosvenor v. State, 874 So. 2d 1176, 1179 (Fla. 2004).
discussed Cited as authority (rule) Golfe v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Sears v. State, 123 So.3d 1160 , 2013 WL 692432 (Fla. 4th DCA Feb. 27, 2013); Collins v. State, 97 So.3d 305, 306 (Fla. 4th DCA 2012); Parks v. State, 101 So.3d 1265, 1265 (Fla. 4th DCA 2012); McCutcheon v. State, 44 So.3d 156, 160 (Fla. 4th DCA 2010); Logan v. State, 1 So.3d 1253, 1254-55 (Fla. 4th DCA 2009).
cited Cited as authority (rule) Tukes v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Parks v. State, 101 So.3d 1265, 1265 (Fla. 4th DCA 2012).
cited Cited "see" Schultheis v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Parks v. State, 101 So.3d 1265, 1265 (Fla. 4th DCA 2012).
discussed Cited "see" Grant v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Tukes v. State, 115 So.3d 1014 (Fla. 4th DCA 2013) (citing Parks v. State, 101 So.3d 1265, 1265 (Fla. 4th DCA 2012), and Jackman v. State, 88 So.3d 325, 327 (Fla. 4th DCA 2012)); see also Medina v. State, 690 So.2d 1241, 1249 (Fla.1997) (constitutionality of statute improper subject of Rule 3.850 motion).
Roosevelt PARKS
v.
STATE of Florida
No. 4D11-3665.
District Court of Appeal of Florida, Fourth District.
Nov 28, 2012.
101 So. 3d 1265
Roosevelt Parks, Raiford, pro se., No appearance required for appellee.
Gerber, Hazouri, Stevenson.
Cited by 7 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: District Court of Appeal of Fl… (1)
PER CURIAM.

Defendant filed a motion for postconviction relief challenging his conviction for rape, which became final in 1970. The trial court denied the motion as untimely and successive. We affirm.

Defendant’s motion did not present any valid exceptions to the time limitations under the rule. See Fla. R.Crim. P. 3.850(b). Further, Defendant’s motion was successive as the claims could have been raised in one of his previous motions. See Baker v. State, 878 So.2d 1236, 1243-44 (Fla.2004).

Finally, Defendant’s claim alleging deficiency in the charging instrument is frivolous. See Logan v. State, 1 So.3d 1253, 1254 (Fla. 4th DCA 2009). Defendant is cautioned that abusive, repetitive, malicious, and/or other frivolous filing may result in sanctions, such as a bar on pro se filing in this court, and/or referral to prison officials for disciplinary procedures. See § 944.279(1), Fla. Stat. (2012); State v. Spencer, 751 So.2d 47 (Fla.1999).

Affirmed.

STEVENSON, HAZOURI and GERBER, JJ., concur.