DERREL L. THOMAS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-07-12
No. 2023-3561
2024 FL 8451 Florida District Court of Appeal, Fifth District (2024)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Derrel L. Thomas appealed the trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800. The appellate court affirmed the denial and warned Thomas that future abusive, repetitive, malicious, or frivolous filings may result in sanctions including a bar on pro se filing and referral to prison officials for disciplinary proceedings.


Holding

The trial court properly denied Thomas's motion to correct illegal sentence. The court affirmed the trial court's order and cautioned Thomas that future abusive, repetitive, malicious, or frivolous filings may result in sanctions including a bar on pro se filing and referral to prison officials for disciplinary proceedings.


Key Quotes

“abusive, repetitive, malicious, or frivolous filings directed to Hernando Circuit Court Case No. 2020-CF-521 may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time”

The court's warning to the appellant regarding consequences of future frivolous filings

Facts & Procedural History

Thomas was convicted in Hernando Circuit Court Case No. 2020-CF-521 and received a sentence. He filed a motion under Florida Rule of Criminal Procedur…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Per_curiam
Per Curiam

PER CURIAM. Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence in Hernando Circuit Court Case No. 2020-CF-521. We affirm the trial court’s order and caution him that abusive, repetitive, malicious, or frivolous filings directed to Hernando Circuit Court Case No. 2020-CF-521 may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary

proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2023); State v. Spencer, 751 So. 2d 47 (Fla. 1999). APPELLANT CAUTIONED. EDWARDS, C.J., and JAY and BOATWRIGHT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw