CHRISTOPHER CARR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court correctly denied the defendant's motion as successive.
The defendant filed a second motion pursuant to Florida Rule of Criminal Procedure 3.800(a) asserting the trial court erroneously scored his juvenile …
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[*701] SHARP, W., J.
Carr appeals from the denial of Ms motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking to correct an illegal sentence. His conviction and sentence were affirmed on appeal. See Carr v. State, 656 So. 2d 1294 (Fla. 5th DCA 1995). He also filed two previous motions for post-conviction relief which were denied. See Carr v. State, 698 So. 2d 1233 (Fla. 5th DCA 1997); Carr v. State, 693 So. 2d 559 (Fla. 5th DCA 1997).
Carr also filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) asserting the trial court erroneously scored Ms juvenile record and arrest records wMch did not result in a conviction. This court affirmed the trial court’s denial of relief. See Carr v. State, 719 So. 2d 301 (Fla. 5th DCA 1998).
In this proceeding, the second motion filed pursuant to rule 3.800(a), Carr asserts the trial court erred in calculating his juvenile record and arrests that did not result in a conviction. The trial court correctly denied his motion as successive. See McBride v. State, 810 So. 2d 1019 (Fla. 5th DCA), rev. granted, 825 So. 2d 935 (Fla.2002). It is improper and a waste of precious judicial resources for a defendant to file successive, repetitive motions for collateral relief, which have been considered by the trial and appellate courts on the merits and denied.
We warn Carr that additional collateral attacks on his convictions and sentences, if successive and improper, may result in sanctions, including an order from this court barring him from filing additional collateral attacks on those convictions and sentences without obtaining the co-signature and endorsement by a person licensed to practice law in this state. See Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). See also State v. Spencer, 751 So. 2d 47 (Fla.1999).
AFFIRMED.
THOMPSON, C.J., and GRIFFIN, J., concur.
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Carr v. State, 917 So. 2d 1047 (Fla. 5th DCA 2006)…his scoresheet was improperly-calculated. Upon review, we conclude that the defendant has exhausted this court’s patience and resources because his motion was frivolous and an abuse of process. In a previous rule 3.800(a) proceeding, Carr v. State, 838 So. 2d 700 (Fla. 5th DCA 2003), this court warned the defendant as follows: In this proceeding, the second motion filed pursuant to rule 3.800(a), Carr asserts the trial court erred in calculating his juvenile record and arrests that did not result in a convi…
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Sutton v. State, 963 So. 2d 858 (Fla. 5th DCA 2007)…habeas corpus in lower court case numbers 00-CF-38316 and 00-CF-39333 to free him from his allegedly illegal detention. We dismiss the petition with an admonition that Sutton not file additional collateral attacks on his convictions. Carr v. State, 838 So. 2d 700 (Fla. 5th DCA 2003). The State charged the 20-year-old with attempted first-degree felony murder, armed burglary of a dwelling, burglary of a conveyance, burglary of a structure, and petit theft. On 16 June 2004, Sutton entered an open plea of nolo…1 / 2
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Antoine L. McBRIDE v. State, 810 So. 2d 1019 (Fla. 5th DCA 2002)