JOHNNY C. GREEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Gain Time Forfeiture cases and more on FLexlaw
THOMPSON, J.
Johnny C. Green petitions this court for another belated appeal. This is Green’s eighth post-trial motion directed to his 1978 conviction for armed robbery. We deny the petition as frivolous and an abuse of process.
Green is prohibited from filing any more frivolous appeals, pleadings, petitions, or motions. There will be consequences if he persists. First, any future violations of this court’s instruction will result in an order directed to the Department of Corrections to forfeit Green’s gain time pursuant to sections 944.279 and 944.28(2)(a), Florida Statutes (1997). See Rivera v. State, 728 So. 2d 1165 (Fla.1998); Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997); Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997), rev. granted, 718 So. 2d 168 (Fla.1998). Second, this court will issue a show cause order pursuant to State v. Spencer, - So. 2d -, 1999 WL 742294 (Fla. Sept.23, 1999), as to why he should not be denied further access to this court.
GOSHORN and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Leveritt v. State, 817 So. 2d 891 (Fla. 1st DCA 2002)…element of the crime here charged, I would hold that the erroneous jury instruction constituted fundamental error which need not have been preserved by an objection. See Sochor, 619 So. 2d at 290; Steele, 561 So. 2d at 644-45; and Harrison v. State, 743 So. 2d 178, 179 (Fla. 3d DCA 1999). Finally, because the issue of intoxication and the validity of the blood test was the central disputed issue at trial and the erroneous instruction may have contributed to the conviction, I would conclude that the error was…
-
Valentine v. State, 774 So. 2d 934 (Fla. 5th DCA 2001)…conveyance.” See Lawrence v. State, 746 So. 2d 1252 (Fla. 5th DCA 1999) (“at the time of entering or remaining in the structure [Defendant] had a fully-formed conscious intent to commit the offense of a burglary of a structure”); Harrison v. State, 743 So. 2d 178 (Fla. 3d DCA 1999) (jury instructed it had to find the defendant had a “fully-formed, conscious intent to commit the offense of burglary in [the] structure”); Davis v. State, 736 So. 2d 27 (Fla. 4th DCA 1999) (jury instructed it had to find the defe…1 / 2
-
LEE v. State, 958 So. 2d 521 (Fla. 2d DCA 2007)…a sworn Florida Rule of Criminal Procedure Rule 3.850 motion. Id. Other district courts have held that the circular burglary instruction constitutes fundamental error. Lawrence v. State, 746 So. 2d 1252, 1253 (Fla. 5th DCA 1999); Harrison v. State, 743 So. 2d 178, 178 (Fla. 3d DCA 1999). In fact, the Fourth District in Bruce v. State, 879 So. 2d 686, 687-88 (Fla. 4th DCA 2004), held that appellate counsel was ineffective for failing to argue on direct appeal that a circular burglary instruction almost identi…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rivera v. State, 728 So. 2d 1165 (Fla. 1998)
- Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997)
- Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997)