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First DCA denies postconviction motion as time-barred and refers filer to Dept. of Corrections for disciplinary action.  [Added 7/21/10]

    Convicted Defendant filed a motion for postconviction relief pursuant to Fla.R.Crim.P. 3.850.  Defendant's conviction had become final 19 years before he filed the postconviction motion.  His motion provided "no reason for his tardiness and fail[ed] to allege any of the exceptions listed in Rule 3.850(b)(1-3)."  The trial court denied the motion as untimely.

    The First DCA affirmed.  "When the trial court denied the action as time barred, [Defendant] ignored its reasoning and filed the instant appeal.  Such action, which shows a lack of respect for court procedure and an indifference to the law, has resulted in court time and resources being spent on an appeal whose baseless nature was plain from the start."  As a result, the appeals court stated:  "[W]e not only affirm the denial of [Defendant]'s 3.850 motion, but also recommend that the Department of Corrections impose disciplinary sanctions, including, if appropriate, the loss of gain time."  Knowles v. State, __ So.3d ___ (Fla. 1st DCA, No. 1D10-2586, 7/20/2010).

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