Colville v. State

• Decision Date: 29 June 2021
• Docket Number: No. 1D21-709,1D21-709
• Citation: 324 So.3d 32 (Mem)
• Parties: David COLVILLE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

324 So.3d 32 (Mem)

David COLVILLE, Appellant,

v.STATE of Florida, Appellee.

No. 1D21-709

District Court of Appeal of Florida, First District.

June 29, 2021

Rehearing Denied August 12, 2021

David Colville, pro se, Appellant.

Ashley Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

David Colville appeals the trial court's order summarily denying his motion filed under Florida Rule of Criminal Procedure 3.800(a). Colville argued that his 2015 sentence entered after a jury verdict for ten counts of sexual battery while in a position of familial or custodial authority, one count of lewd or lascivious molestation, and lewd and lascivious conduct is illegal. We affirm the trial court's order without further comment. And we find that this appeal is frivolous.

Colville has filed five cases in this Court appealing orders denying postconviction relief as to his 2015 judgment and sentence, including a fifth case filed after the notice of appeal in this case. Colville appealed orders denying relief under rule 3.850 in case numbers 1D20-1776, 1D20-1783, 1D21-0421, and 1D21-1263. In this case and in case numbers 1D20-1783 and 1D20-1776, Colville obtained no relief on postconviction appeal. See Colville v. State , 308 So. 3d 565 (Fla. 1st DCA 2020) (unpublished table decision); Colville v. State , 315 So.3d 1191 (Fla. 1st DCA 2021) (unpublished table decision). Case numbers 1D21-1263 and 1D21-0421 remain pending in this Court.

We warn Colville that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2020) (providing that "[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal ... or to have brought a frivolous or malicious collateral criminal proceeding ... is subject to disciplinary procedures pursuant to the rules of the Department of Corrections").

AFFIRMED .

Roberts, Rowe, and Jay, JJ., concur.