CLARENCE H. HALL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's challenges to his 1990 sentences were legally insufficient and constituted an abuse of process.
The defendant appealed the summary denial of five motions challenging the legality of his 1990 sentences, specifically the imposition of habitual offe…
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PER CURIAM.
Clarence Hall (the defendant) has filed this pro se appeal of the summary denial of his five rule 3.800(a) motions.1 In these motions, he challenged the legality of his 1990 sentences, arguing that the imposition of his habitual offender status was improper. This claim of error was raised by the defendant, and rejected by this court, in a recent petition for habeas corpus relief. Hall v. State, No. 97-242 (Fla. 5th DCA Feb. 21, 1997). Accordingly, we affirm. See Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996).
The defendant was sentenced in 1990 for three counts of sale or delivery of cocaine. Prior to the instant appeal, the defendant had filed three unsuccessful rule 3.850 motions.2 He had also filed several unsuccessful petitions for extraordinary relief. Apparently, the defendant believes that motions for post-conviction relief are akin to lottery tickets in the sense that, if he files enough of them, one will eventually hit. He is wrong.
We are convinced, even if the defendant is not, that the sentences imposed for the defendant’s 1990 convictions are legal. We are further convinced that the defendant’s successive-post-conviction challenges to his 1990 sentences constitute an abuse of process. Accordingly, we must limit the defendant’s access to this court in order to conserve our limited resources. Furthermore, we advise the defendant that any further pursuit of frivolous appeals will subject him to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996). Therefore, we prohibit the defendant from filing with this court any further pro se pleadings concerning his 1990 convictions for the sale and delivery of cocaine.
AFFIRMED.
DAUKSCH, GRIFFIN and ANTOON, JJ., concur. . Fla. R.Crim. P. 3.800(a).
. Fla. R.Crim. P. 3.850.
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Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997)…COBB, Judge. This court in Hall v. State, 690 So. 2d 754 (Fla. 5th DCA 1997) advised Clarence H. Hall, Jr. that any further frivolous pro se appeals would subject him to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996). This court also prohibited Hall from filing any further pro…
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Rafial A. Mercade v. State, 698 So. 2d 1313 (Fla. 2d DCA 1997)…endent of the institution where the appellant is now confined. We note that we are not the first appellate court to rely on the provisions of section 944.28(2)(a) in an attempt to stem the flow of frivolous postconviction appeals. In Hall v. State, 690 So. 2d 754 (Fla. 5th DCA 1997) (Hall I), the Fifth District advised Mr. Hall “that any further pursuit of frivolous appeals will subject him to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996).” See also Ferenc v. State, 697 So. 2d 1…
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Emory Harvey v. State, 734 So. 2d 1179 (Fla. 3d DCA 1999)…motions from Emory Harvey regarding the convictions and sentences imposed in lower case numbers 77-25205, 90-18417 and 90-19890, unless such pleadings are signed by an attorney. See Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999); Hall v. State, 690 So. 2d 754 (Fla. 5th DCA 1997), review denied, 705 So. 2d 570 (Fla.1998); Dennis v. State, 685 So. 2d 1373, 1375 (Fla. 3d DCA 1996). We also advise the defendant that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceedi…
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- Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996)