CHARLES CAMAROTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellant's motion for post-conviction relief was successive and therefore properly denied.
[1] A motion for post-conviction relief is successive and improper if it repeats the same issues raised in a prior, previously denied motion.
[2] A court may warn a frequent filer against filing additional successive pleadings and may prohibit further pro se filings concerning a specific case unless signed by an at…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe appellant filed multiple motions for post-conviction relief concerning the same conviction. His second motion was denied as successive, and his su…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Successive Motions cases and more on FLexlaw
Camaroto appeals from the summary denial of his motion seeking post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, concerning his conviction for armed burglary of a dwelling (Case No. 98-226). He is a frequent filer with this court.1 We affirm, finding the motion is successive.
In June of 2000, Camaroto filed a motion for post-conviction relief, concerning Case No. 98-226. The trial court summarily denied the motion on March 14, 2001. No appeal was taken.
In January of 2002, Camaroto filed a second motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, concerning Case No. 98-226. The trial court denied it on September 11, 2002, as successive because it repeated the same issues raised in the first motion.
On October 8, 2002, Camaroto filed a lengthy petition for writ of habeas corpus in the Florida Supreme Court, reiterating the claims he raised in his second motion. The court treated his petition as an appeal from the trial court’s September 11, 2002 denial of his second motion and transferred the case to our court.
Although Camaroto’s pleading in this proceeding is exceedingly lengthy, it is basically a repeat of his first motion. As such, it is successive and improper.2 We warn Camaroto against filing additional successive pleadings in this court regarding his conviction in Case No. 98-226. His attempt to do so will result in an order instructing the Clerk of this court not to accept further pro se pleadings regarding that case unless signed by an attorney licensed to practice law in this state.
AFFIRMED.
SAWAYA, C.J., and THOMPSON, J., concur. . See Case Nos. 01-636, 01-637, 01-2456, 02-344, 02-755, 02-1525, 02-1527, 02-1664, 02-1670. This court prohibited the defendant from any further pro se filings with the exception of direct appeals of post-conviction motions. See Camaroto v. Pomar, 830 So. 2d 955 (Fla. 5th DCA 2002).
. See Polk v. State, 820 So. 2d 456 (Fla. 5th DCA 2002); Freeman v. State, 773 So. 2d 110 (Fla. 5th DCA 2000), rev. denied, 805 So. 2d 806 (Fla.2001).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McCULLOUGH v. State, 859 So. 2d 567 (Fla. 5th DCA 2003)…*568] conviction and sentence for this 1997 criminal case, in which he was convicted of carjacking and for which he received a thirty-year sentence as an habitual offender. See Noojin v. State, 855 So. 2d 1157 (Fla. 5th DCA 2003); Camaroto v. State, 851 So. 2d 772 (Fla. 5th DCA 2003); Thomas v. State, 824 So. 2d 1061 (Fla. 5th DCA 2002). AFFIRMED. PETERSON and TORPY, JJ., concur.…
Authorities Cited
- Freeman v. State, 773 So. 2d 110 (Fla. 5th DCA 2000)
- Camaroto v. Pomar, 830 So. 2d 955 (Fla. 5th DCA 2002)
- Polk v. State, 820 So. 2d 456 (Fla. 5th DCA 2002)