TERRY CASSADY, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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The court held that a motion to correct an illegal sentence was properly denied as successive, and affirmed the trial court's decision.
The defendant filed a motion to correct an illegal sentence, raising issues previously denied in an earlier post-conviction relief motion. This was th…
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ANTOON, Judge.
We have for review the trial court’s order summarily denying Terry Cassady’s motion to correct illegal sentence, pursuant to Florida Rules of Criminal Procedure 8.800(a). The trial court properly denied the motion as successive. Accordingly, we affirm.
In his rule 3.800 motion, Mr. Cassady raised the issues which had previously been denied in an earlier rule 3.850 motion for post-conviction relief. While a truly illegal sentence may be addressed at anytime, a defendant is not entitled to successive review of a specific issue which has already been decided against him in earlier post-conviction proceedings even if the question pertains to the legality of his sentence. Raley v. State, 675 So. 2d 170, 173-74 (Fla. 5th DCA 1996), dismissed, 678 So. 2d 1287 (Fla.1996).
This appeal amounts to Mr. Cassady’s ninth action in this court, not including motions for rehearing. He appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so. In order to conserve our resources, we order that Mr. Cassady is prohibited from filing any further pro se pleadings with this court concerning his 1991 conviction and sentence for four counts of attempted sexual battery. See Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). Additionally, we remind Mr. Cassady that section 944.28(2), Florida Statutes (Supp.1996), provides that “[a]ll or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner ... is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court....”
AFFIRMED.
PETERSON, C.J., and GOSHORN, J., concur.
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O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)…the federal courts. Like other recent defendants, O’Brien seems to have no concept of the “one bite at the apple” rule or the “enough is enough” rule.1 The remarks of this Court in recent eases are equally applicable to this case: Cassady v. State, 683 So. 2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant “appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so”), and Johnson v. State, 680 So. 2d 1101, 1102 (Fla. 5th DCA 1996) (the defendant “seems not to have heard ou…
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Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998)…ess the defendant alleges under oath that he was affirmatively misled about the results of the appeal by counsel. Defendant has made no such allegation about his 1983 appeal, and it is clear that he could make no such claim. . See Cassady v. State, 683 So. 2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant "appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so”), and Johnson v. State, 680 So. 2d 1101, 1102 (Fla. 5th DCA 1996) (the defendant "seems not to have heard ou…
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Hepburn v. State, 934 So. 2d 515 (Fla. 3d DCA 2005)…be on notice of the newly-adopted admonition and warning of consequences for violations). As we have noted, this is Hepburn’s tenth post-trial motion or petition. We believe that Hepburn has exhausted his post-conviction remedies. Cassady v. State, 683 So. 2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant “appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so”). See also Johnson v. State, 680 So. 2d 1101, 1102 (Fla. 5th DCA 1996) (“Even Herman Melville had to come to…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)