BOBBY JACK NOOJIN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2003-09-19
No. 5D03-2277
SHARP, W. and PETERSON, JJ., concur.
855 So. 2d 1157 Florida District Court of Appeal, Fifth District (2003) Positive Treatment
Cited by 11 cases


Opinion of the Court
MONACO, J.

MONACO, J.

Bobby Jack Noojin, Jr., appeals the denial of his Rule 3.850 motion in which he asserts claims concerning the lack of effective assistance of his trial counsel and the involuntariness of his plea. Mr. Noojin is not a stranger to this court. In addition to his direct appeal and a prior 3.850 motion, we have also considered his two petitions for habeas corpus and his petition for mandamus.1

His current appeal is successive and improper. Accordingly, we warn Mr. Noojin against filing additional successive pleadings in this court regarding his conviction. See Polk v. State, 820 So. 2d 456 (Fla. 5th DCA 2002). His attempt to do so may result in an order instructing the Clerk not to accept further pro se pleadings regarding this case unless signed by an attorney licensed to practice law in Florida.

AFFIRMED.

SHARP, W. and PETERSON, JJ., concur. . Case Nos. 99-1663, 00-2205, 02-2759, 02-2414, 03-1499.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Anderson v. State, 865 So. 2d 640 (Fla. 2d DCA 2004)
    …tachments show conclusively that the trial judge would have imposed the same sentence despite the error. On direct appeal, the State is required to prove that a preserved sentencing error was harmless beyond a reasonable doubt. See Johnson v. State, 855 So. 2d 1157 (Fla. 4th DCA 2003). This is a reasonable standard on direct appeal. However, in the context of a postconviction motion, the defendant should have a threshold burden to establish that an error was harmful. The courts cannot impose a structure of ce…
  • Stuckey v. State, 907 So. 2d 1208 (Fla. 5th DCA 2005)
    …37 (Fla.1999). While the jury had an opportunity to exercise its pardon power by convicting of petit theft, it was not given the opportunity to exercise that authority with respect to the lesser offense of resisting a merchant. See Johnson v. State, 855 So. 2d 1157 (Fla. 4th DCA 2003). See also Wardell v. State, 901 So. 2d 289 (Fla. 5th DCA 2005). We find no merit to the other points raised by Mr. Stuckey in this appeal. REVERSED, and REMANDED for new trial. SHARP, W. and PETERSON, JJ., concur. . The appel…
  • Freeman v. State, 969 So. 2d 473 (Fla. 5th DCA 2007)
    …o so. This factor has been determinative in several cases involving failure to instruct on a lesser-included offense two or more steps removed from the charged offense. See, e.g. State v. Iseley, 944 So. 2d 227 (Fla. 2006); Abreau; Johnson v. State, 855 So. 2d 1157 (Fla. 4th DCA 2003). In addition, the evidence of guilt in this case was overwhelming. There was ample evidence that Freeman knew his dogs had escaped from his trailer and attacked passersby on several prior occasions. Yet on the day of Ms. Broom’s…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw