JOHNNY RAY GAFFNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
AFFIRMED. Based on defendant’s numerous and successive pro se filings, we hold that Mr. Gaffney is precluded from filing any additional pro se appeals, pleadings, motions or petitions relating to his conviction and sentence in trial court case number 00-0188-CA-53, unless reviewed and signed by an attorney licensed to practice in the State of Florida. Rahymes v. State, 730 So. 2d 420, 422 (Fla. 5th DCA), cause dismissed, 733 So. 2d 516 (Fla.1999); Davis v. State, 705 So. 2d 133, 135 (Fla. 5th DCA 1998); Isley v. State, 652 So. 2d 409, 410-411 (Fla. 5th DCA 1995). See also Lockett v. State, 769 So. 2d 1141 (Fla. 5th DCA 2000).
COBB, SAWAYA and ORFINGER, R.B., JJ., concur.
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Hunt v. State, 922 So. 2d 452 (Fla. 4th DCA 2006)…9.5 years and 13 days of gain time with the DOC, and credit for time served. He filed two prior motions to enforce plea agreement, which were summarily denied. On appeal, this court affirmed the trial court orders denying relief in Hunt v. State, 775 So. 2d 1000 (Fla. 4th DCA 2000) (affirming without prejudice to appellant’s right to pursue administrative remedies with DOC), and Hunt v. State, 798 So. 2d 788 (Fla. 4th DCA 2001) (affirming the denial of relief which followed the exhaustion of administrative…
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Gaffney v. State, 878 So. 2d 470 (Fla. 5th DCA 2004)…and it is time for him to go. In fact, this court attempted to bar Gaffney’s frivolous actions back in 2000, but the wrong lower court case number was inadvertently cited, allowing Gaffney to continue to file his meritless claims. Gaffney v. State, 775 So. 2d 1000 (Fla. 5th DCA 2000). Gaffney admits that identity is not an issue in his case, and it is clear that he has absolutely no grounds for relief under Rule 3.853. See Ch. 01-97, Laws of Florida; Amendment to Fla. Rules of Criminal Procedure Creating Rul…1 / 2
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Hunt v. State, 798 So. 2d 788 (Fla. 4th DCA 2001)…entitled to under his plea agreement. He made this claim in an earlier postconviction motion, the denial of which we affirmed without prejudice to his pursuing the appropriate administrative remedy with the Department of Corrections. Hunt v. State, 775 So. 2d 1000 (Fla. 4th DCA 2000). After his administrative grievance was denied, Hunt filed a second motion under Florida Rule of Criminal Procedure 3.850. The proper remedy would have been a petition for writ of mandamus filed in the circuit court where Hunt…
Previewing 3 of 4 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)
- Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998)
- Rahymes v. State, 730 So. 2d 420 (Fla. 5th DCA 1999)
- Lockett v. State, 769 So. 2d 1141 (Fla. 5th DCA 2000)