Robert Deloney v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-3364 _____________________________ ROBERT DELONEY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge. July 27, 2020 PER CURIAM. AFFIRMED. See Gary v. State, 276 So. 3d 401, 402 (Fla. 1st DCA 2019) (holding that “a challenge to the procedure that led to the imposition of the punishment is not cognizable in a rule 3.800(a) proceeding”). Appellant is warned 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. (2019) (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”). RAY, C.J., and B.L. THOMAS and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Robert Deloney, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. 2