GROOMS v. STATE (2022)

Demetric Grooms appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. In 2005, a jury found Grooms guilty of attempted second-degree murder, sale or delivery of cocaine while armed, and escape. The trial court sentenced him to life in prison with concurrent sentences of thirty years and fifteen years. After an unsuccessful direct appeal to this Court, mandate issued in 2006.

Now, over fifteen years later, Grooms contends that the trial judge committed “fundamental error” when he failed to disclose during jury selection that he was previously acquainted with the father of one of the jurors. Grooms submits that he is entitled to a new trial as a result. The postconviction court denied relief, concluding that the claim was untimely, procedurally barred, and meritless. Finding no error by the postconviction court, we affirm.

We also conclude that this appeal is frivolous. This appeal marks Grooms’ fifth collateral attack on his judgment and sentence in Duval County Circuit Court Case Number 04-CF-3144. Grooms received no relief in any of these cases (1D17-1196, 1D18-5049, 1D19-4390, and 1D20-1430).

The Court warns Grooms 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 Florida Department of Corrections for disciplinary procedures. See § 944.279, 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.

Ray, Osterhaus, and M.K. Thomas, JJ., concur.