Christopher J. Derting v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 13, 2026
Docket5D2026-2563
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2026-2563
LT Case No.16-2008-CF-010810-A
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CHRISTOPHER J. DERTING,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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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.
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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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