Full Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA __________________________________ Case No. 5D2026-2563 LT Case No.16-2008-CF-010810-A __________________________________ CHRISTOPHER J. DERTING, Appellant, v. STATE OF FLORIDA, Appellee. _______________________________ 3.850 Appeal from the Circuit Court for Duval County. R. Anthony Salem, Judge. Christopher J. Derting, Lawtey, pro se. No Appearance for Appellee. November 13, 2026 PER CURIAM We affirm the order treating Appellant’s “Petition for Writ of Habeas Corpus” as a motion for postconviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, and denying the same as untimely. However, we reverse the portion of the order referring Appellant to the Department of Corrections for disciplinary proceedings. Florida Rule of Criminal Procedure 3.850(p)(3) permits a court to sanction frivolous conduct. The court must first “issue an order setting forth the facts indicating that the defendant has or may have engaged in prohibited conduct” and direct the defendant to show cause why the court should not find that the defendant has engaged in prohibited conduct under the rule. Following issuance of the order to show cause and the filing of any response by the defendant, the court can impose an appropriate sanction. See Fla. R. Crim. P. 3.850(p)(3). The record does not show that the aforementioned procedure in Rule 3.850(p)(3) was followed prior to the trial court referring the Appellant to the Department of Corrections for disciplinary proceedings. Accordingly, we reverse the sanctions portion of the order and remand for further proceedings. AFFIRMED in part; REVERSED in part and REMANDED. WALLIS, LAMBERT, and BOATWRIGHT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ 2