Opinion
No. 1D21-1968
06-22-2022
Keon M. LYNCH, Appellant, v. STATE of Florida, Appellee.
Keon M. Lynch, pro se, Appellant. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
Keon M. Lynch, pro se, Appellant.
Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
Per Curiam.
Keon M. Lynch appeals the dismissal of his petition for writ of habeas corpus, which the postconviction court construed as a motion for relief filed under Florida Rule of Criminal Procedure 3.850. But Lynch has abandoned the arguments made in his petition by failing to present those arguments in his initial brief. Instead, he raises new claims that he did not argue below. Thus, he has waived his original claims, and his new claims are procedurally barred. See Watson v. State , 975 So. 2d 572, 573 (Fla. 1st DCA 2008) ("[W]hen a defendant submits a brief in an appeal from a summary denial of a postconviction motion, this Court may review only those arguments raised and fully addressed in the brief."); see also Mendoza v. State , 87 So. 3d 644, 661 (Fla. 2011) (reaffirming that a claim raised for the first time in an appeal from the denial of a postconviction motion is procedurally barred).
We also conclude that this appeal is frivolous. Lynch has now filed seven postconviction appeals or petitions in this Court unsuccessfully attacking his judgment and sentence in Duval County Circuit Court Case Number 16-2001-CF-014528-CXXXMA.
We caution Lynch 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 or facility of the Florida Department of Corrections for disciplinary procedures. See § 944.279(1), Fla. Stat. (2021) (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 .
Ray, Osterhaus, and M.K. Thomas, JJ., concur.