CHARLES MICHAEL WERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the lower court’s denial of the most recent Rule 3.800(a) attack on Charles Michael Werts’ sentence. This is the fifth Rule 3.800(a) motion, and the ninth appeal to this court concerning his convictions and sentences in Case No. CR84-4432. Enough is enough. The defendant is prohibited from filing any further pro se pleadings with this court concerning his convictions and sentences in Case No. CR84-4432. As this court did in Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998); Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997); Rooney v. State, 699 So. 2d 1027 (Fla. 5th DCA 1997); and O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA), rev. denied, 697 So. 2d 511 (Fla.1997), defendant is warned of the consequences of persisting.
AFFIRMED.
COBB, GOSHORN and PETERSON, JJ., concur.
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Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001)…e 3.850 motions and one prior motion to correct sentence. He also has filed several habeas corpus petitions.1 Enough is enough. See, e.g ., Rahymes v. State, 730 So. 2d 420 (Fla. 5th DCA), appeal dismissed, 733 So. 2d 516 (Fla.1999); Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998). Defendant is warned that filing any additional successive and frivolous pro se petitions or appeals attacking his 1972 conviction and sentence will result in the issuance of an…
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B.M. v. State, 744 So. 2d 505 (Fla. 5th DCA 1999)…defendant, T.F., cannot complain of the identical issue on appeal for lack of preservation in the trial court. T.F. v. State, 734 So. 2d 601, 1999 WL 445717 (Fla. 5th DCA 1999). See also Tillman v. State, 471 So. 2d 32, 35 (Fla.1985); J.C. v. State, 722 So. 2d 982, 983 (Fla. 5th DCA 1999). If the loss proposal were objectionable on hearsay grounds, equivalent competent evidence was likely available to establish the amount of the loss had the objection been made. B.M., unlike his co-defendant, T.F., relies on…
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Medberry v. State, 824 So. 2d 1058 (Fla. 5th DCA 2002)…nd found no merit to his response, and because Medberry has repeatedly abused the judicial system in this regard, he qualifies for this court’s “enough is enough” rule. See, e.g., Gourley v. State, 820 So. 2d 993 (Fla. 5th DCA 2002); Werts v. State, 722 So. 2d 982 (Fla. 5th DCA 1999); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998).2 Accordingly, we prohibit Daniel C. Med-berry from filing any additional pro se appeals, pleadings, motions and petitions relating to Ninth Judicial Circuit Court Case No. CR9…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)
- Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998)
- Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997)
- Rooney v. State, 699 So. 2d 1027 (Fla. 5th DCA 1997)