CARL ERNEST STRATTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Carl Stratton, convicted of sexual battery on a child in 1997, filed his eighth postconviction motion in the Fifth District Court of Appeal. The court determined that Stratton was abusing the legal process through frivolous successive filings and prohibited him from filing further pro se pleadings in the case.
The court held that Stratton's appeal is frivolous and constitutes an abuse of process. The court prohibited Stratton from filing any further pro se pleadings concerning the underlying conviction in the appellate court.
[1] A postconviction motion styled under rule 3.800(a) may be treated as a successive, untimely rule 3.850 motion if its substance attacks the conviction.
[2] Appeals that are frivolous and constitute an abuse of process may result in a prohibition against further pro se filings.
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Join FLexlaw to unlock all legal intelligence“Because Stratton appeared to be abusing the legal process, this court previously issued a show cause order.”
Establishes that the court had already identified a pattern of abuse of process in Stratton's prior filings
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Join FLexlaw to unlock all legal intelligenceStratton was tried by jury in 1997 and found guilty of sexual battery on a child under age twelve. He filed eight postconviction motions in the Fifth …
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PER CURIAM.
In 1997, defendant Carl Ernest Stratton was tried by a jury and found guilty of the offense of sexual battery on a child under the age of twelve. In his eighth postcon-viction filing in this court, Stratton appeals the denial of his latest postconviction motion. While it is styled as a rule 3.800(a) motion, it is, in substance, a successive, untimely, rule 3.850 motion attacking his conviction, and we will treat it as such. See, e.g., Ruiz v. State, 992 So. 2d 300, 301 (Fla. 3d DCA 2008).
Because Stratton appeared to be abusing the legal process, this court previously issued a show cause order. State v. Spencer, 751 So. 2d 47, 48 (Fla.1999). Stratton provides several reasons why he should not be banned from pro se filings, but none stand up to legal scrutiny. We conclude that this appeal is frivolous and an abuse of process. See Fillmore v. State, 876 So. 2d 634, 635 (Fla. 5th DCA 2004); Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995).
Accordingly, in order to conserve judicial resources, we prohibit Stratton from filing with this Court any further pro se pleadings concerning St. Johns County, Circuit Court Case No. CF96-1310. The Clerk of this Court is directed not to accept any further pro se filings concerning this case. Further pleadings will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures as provided for in sections 944.09 and 944.279, Florida Statutes. APPEAL AFFIRMED; Future Pro Se Filings PROHIBITED; Certified Opinion FORWARDED to Department of Corrections.
ORFINGER, TORPY, and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Fillmore v. State, 876 So. 2d 634 (Fla. 5th DCA 2004)
- Ruiz v. State, 992 So. 2d 300 (Fla. 3d DCA 2008)