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Newman v. State
Citations: 49 So. 3d 843; 2010 Fla. App. LEXIS 18660; 35 Fla. L. Weekly Fed. D 2693Docket: No. 4D10-666
Court: District Court of Appeal of Florida; December 7, 2010; Florida; State Appellate Court
Devon Newman’s appeal against the summary denial of his untimely successive motion for postconviction relief is affirmed. The trial court, adopting the State’s thorough response, found Newman’s claims to be procedurally barred and lacking merit. Newman was convicted in August 2003 for burglary with a battery and sexual battery, receiving a 50-year sentence as a habitual felony offender, with a concurrent 15-year sentence for the sexual battery. His conviction was affirmed on direct appeal. Newman filed his first postconviction relief motion in July 2005, which was denied and upheld on appeal, followed by a second denied motion in February 2007. On October 26, 2009, he submitted another motion, reiterating a previously rejected claim regarding the validity of the trial judge's appointment due to an unsigned administrative order. Newman alleged fraud by an assistant attorney general, claiming the signed order was forged and improperly backdated, yet the signed order was officially recorded just after the trial. The court found Newman’s allegations to be baseless, emphasizing that even if there had been a deficiency in the judge’s appointment, it would not invalidate the court's jurisdiction over the case, nor provide grounds for postconviction relief. The appeal was deemed frivolous, and Newman was referred for disciplinary action for presenting false information to the court. The ruling was affirmed by the concurring judges.