David Colville v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 29, 2021
Docket1D21-0709
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-709
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DAVID COLVILLE,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Santa Rosa County.
Darlene F. Dickey, Judge.
June 29, 2021
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State, 308 So. 3d 565 (Fla. 1st DCA 2020) (unpublished table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, 2021 WL 1017119 (Fla. 1st DCA Mar.
17, 2021) (unpublished table decision).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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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David Colville, pro se, Appellant.
Ashley Moody, Attorney General, and Virginia Chester Harris,
Assistant Attorney General, Tallahassee, for Appellee.
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