LYNCH v. STATE (2022)

Ulysses Lynch appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. In his initial brief, he addresses only one of the two claims asserted in his motion. Lynch has abandoned the claim not raised on appeal. 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.”).

The other claim sought relief based on newly discovered evidence—an affidavit signed by a fellow inmate. Lynch alleged that this witness would have corroborated his testimony and defense due to the nature of the facts within the statement, and it would have resulted in either the charge being dropped or an acquittal. But Lynch's allegation was conclusory and failed to establish a prima facie claim. See Atwater v. State, 788 So. 2d 223, 229 (Fla. 2001) (“The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Mere conclusory allegations are not sufficient to meet this burden.”).

In his initial brief, Lynch raises additional issues regarding potential exculpatory testimony from two other individuals. He did not make these claims in his motion, and the postconviction court did not address them in its order. As a result, this Court will not consider those claims. See Mendoza v. State, 87 So. 3d 644, 661 (Fla. 2011) (holding 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. After his unsuccessful direct appeal, Lynch has made at least four attempts to collaterally attack his judgment and sentence in Duval County Circuit Court Case Number 2010-CF-12435. He received no relief in any of the prior cases (1D14-0846, 1D17-3595, and 1D19-1305).

The Court warns Lynch that any future filings that it 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 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.

Per Curiam.

B.L. Thomas, Ray, and Nordby, JJ., concur.