TERRY L. YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terry L. Young appeals the denial of his motion to correct an illegal sentence from his 1985 sexual battery conviction. The appellate court affirms the denial and, finding this to be Young's thirteenth collateral attack on the same conviction, prohibits him from filing further pro se pleadings regarding that case without Bar counsel.
The court affirms the denial of Young's motion to correct illegal sentence and prohibits Young from filing any further pro se pleadings or papers concerning his conviction without representation by a member of The Florida Bar in good standing.
[1] A court may prohibit a pro se litigant from filing further pleadings concerning a specific case if the litigant has repeatedly filed frivolous appeals, thereby abusing th…
[2] A court may restrict future pro se pleadings for good cause after providing the litigant notice and an opportunity to respond.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Young's argument this time is either the same argument he has made before in our case nos. 5D92-1110, 5D95-2285, and 5D00-333, or a slight variation thereof.”
Establishes the repetitive and frivolous nature of Young's repeated appeals raising substantially identical arguments.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYoung was convicted in 1985 of sexual battery on a person less than twelve years of age. The State previously appealed his sentence in 1991, resulting…
The full statement of facts, procedural history, and disposition for this case are member content.
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Terry L. Young was convicted in 1985 of sexual battery on a person less than twelve years of age, in violation of section 794.011(2), Florida Statutes (1983). The State appealed his sentence, and Young cross-appealed his conviction. The State obtained relief; Young did not. State v. Young, 579 So. 2d 380 (Fla. 5th DCA 1991). After his resentencing, Young did not appeal.
Young now appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Counting both his state and federal cases, this is his thirteenth collateral action in the courts regarding his 1985 conviction. Young’s argument this time is either the same argument he has made before in our case nos. 5D92-1110, 5D95-2285, and 5D00-333, or a slight variation thereof. As a result, this court issued a Spencer
show cause order, asking why Young should not be denied further pro se access to this court for any proceedings to further attack his 1985 conviction and sentence. Young marshaled many arguments in response, none of which changes our initial conclusion that this appeal is frivolous and an abuse of process. As it has for others, the number thirteen has proven to be unlucky for Young. See Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003); Johnson v. State, 652 So. 2d 980, 980 (Fla. 5th DCA 1995) (“The number thirteen proves unlucky for petitioner.”); see also Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995) (“Enough is enough.”); O’Brien v. State, 689 So. 2d 336, 337 (Fla. 5th DCA 1997) (Criminal Appeal Reform Act of 1996 establishes intent of Legislature that the terms and conditions of collateral review and procedural bars to collateral review be strictly enforced).
Because his appeals are dissipating limited judicial resources, and we expect they will continue, Terry L. Young is prohibited from fifing with this court any further pro se pleadings or papers concerning Circuit Court Case No. CR85-2897. Any further pleadings or papers regarding that case will be summarily returned by the Clerk of this Court, unless that pleading or paper is filed by a member in good standing of The Florida Bar. AFFIRMED.
SAWAYA, C.J., and SHARP, W., J., concur. . State v. Spencer, 751 So. 2d 47 (Fla.1999) (court can restrict future pro se pleadings for good cause if it first provides a pro se litigant notice and an opportunity to respond).
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Citator
Cited By
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Fillmore v. State, 876 So. 2d 634 (Fla. 5th DCA 2004)…WL 439879 (Fla. Mar.11, 2004) (limit on successive claims is necessary to give due weight to the finality and the presumption of legality of a final judgment and to restore the public’s confidence in our criminal system of justice); Young v. State, 852 So. 2d 368, 369 (Fla. 5th DCA 2003) (“As it has for others, the number thirteen has proven to be unlucky for [defendant].”); Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995) (re-raising arguments “heard, considered, and rejected ... is an abuse of proce…
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Wells v. State, 14 So. 3d 1255 (Fla. 5th DCA 2009)…buse of the post-conviction system with which, unfortunately, the court system is not unfamiliar. “The number thirteen proves unlucky” for Wells, as it has for others, Johnson v. State, 652 So. 2d 980, 980 (Fla. 5th DCA 1995); accord Young v. State, 852 So. 2d 368 (Fla. 5th DCA 2003); Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003), and we, accordingly, prohibit Wells from filing with this court any further pro se pleadings concerning Ninth Judicial Circuit Court Case No. 1974-CF-3408. The Clerk of this…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)
- Johnson v. State, 652 So. 2d 980 (Fla. 5th DCA 1995)
- Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003)
- State v. Young, 579 So. 2d 380 (Fla. 5th DCA 1991)