ANTHONY T. SIMON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Anthony T. Simon appeals the denial of his motion to correct sentences under Florida Rule of Criminal Procedure 3.800(a). The court affirms the denial and cautions Simon against filing successive post-conviction motions that constitute an abuse of judicial process.
The court affirmed the denial of Simon's motion to correct sentences. The court held that filing successive motions attempting to litigate issues that were, could, or should have been raised on direct appeal or in previous motions constitutes an abuse of judicial process.
[1] Filing successive motions to litigate issues that were, could, or should have been raised on direct appeal or in previous motions constitutes an abuse of the judicial pro…
[2] A citizen abuses the right to pro se access by filing repetitious and frivolous pleadings, diminishing the courts' ability to consider legitimate claims.
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Join FLexlaw to unlock all legal intelligence“it is an abuse of the judicial process to file successive motions in an attempt to litigate issues that were, could, or should have been raised on direct appeal or in previous motions”
Establishes the core holding regarding successive motions as abuse of process
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Join FLexlaw to unlock all legal intelligenceSimon filed numerous post-conviction motions addressing his convictions and sentences in case number 90-45486. The record indicates he had previously …
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PER CURIAM.
The defendant, Anthony T. Simon, appeals the denial of his motion to correct his sentences pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
The defendant has filed numerous post-conviction motions addressing his convictions and sentences in case number 90-45486.1 We caution the defendant that it is an abuse of the judicial process to file successive motions in an attempt to litigate issues that were, could, or should have been raised on direct appeal or in previous motions. Duncan v. State, 728 So. 2d 1237, 1237 (Fla. 3d DCA 1999); see Johnson v. State, 899 So. 2d 1165 (Fla. 3d DCA 2005); Lewis v. State, 900 So. 2d 625 (Fla. 3d DCA 2005); Washington v. State, 867 So. 2d 649 (Fla. 5th DCA 2004); Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995). “[A]ny citizen, including a citizen attacking his or her conviction [or sentence], abuses the right to pro se access by filing repetitious and frivolous pleadings, thereby diminishing the ability of the courts to devote their finite resources to the consideration of legitimate claims.” State v. Spencer, 751 So. 2d 47, 48 (Fla.1999).
The defendant should be cognizant that such sanctions may preclude defendant from filing further motions in the trial court, as well as appeals, petitions or motions in this court without a licensed attorney’s signature. See Tasse v. Simpson, 842 So. 2d 793, 796 n. 3 (Fla.2003); Martin v. State, 833 So. 2d 756 (Fla.2002); State v. Spencer, 751 So. 2d 47 (Fla.1999); Green v. State, 830 So. 2d 142 (Fla. 3d DCA 2002).
Affirmed.
. Simon v. State, 851 So. 2d 171 (Fla. 3d DCA 2003) (table) (appeal from denial of Rule 3.800 motion); Simon v. State, 819 So. 2d 780 (Fla. 3d DCA) (table) (same), review dismissed, 823 So. 2d 126 (Fla.2002); Simon v. State, 725 So. 2d 1129 (Fla. 3d DCA 1998) (table) (same); see also Simon v. State, 889 So. 2d 80 (Fla. 3d DCA 2004) (table) (appeal from denial of Rule 3.850 motion), case dismissed, No. SC05-270, 895 So. 2d 1067 (Fla. Feb.16, 2005); Simon v. State, 879 So. 2d 635 (Fla. 3d DCA 2004) (table) (same); Simon v. State, 869 So. 2d 1254 (Fla. 3d DCA 2004) (table) (same); Simon v. State, 792 So. 2d 466 (Fla. 3d DCA 2001) (table) (same).
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Minor v. State, 963 So. 2d 797 (Fla. 3d DCA 2007)…und by a court to have brought ... a frivolous or malicious collateral criminal proceeding, which is filed after September 30, 2004, ... is subject to disciplinary procedures pursuant to the rules of the Department of Corrections.”); Simon v. State, 904 So. 2d 487 (Fla. 3d DCA 2005). IV. Conclusion For the foregoing reasons, we affirm the trial court’s order denying defendant’s petition for writ of habeas relief, and we order that henceforth any pleadings or papers filed in this court relating to case numbe…
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Williams v. State, 994 So. 2d 337 (Fla. 3d DCA 2008)…ion, claim, proceeding, or appeal in any court....”); State v. Spencer, 751 So. 2d 47 (Fla.1999) (holding that a court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond); Simon v. State, 904 So. 2d 487 (Fla. 3d DCA 2005). Affirmed. . The State’s notice of intent to seek an enhanced sentence was filed on August 1, 1995. . Because Williams was given credit for the time he had served both in state prison and in county jail while awaiting dispositi…
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Kelly v. State, 907 So. 2d 550 (Fla. 3d DCA 2005)…caution the defendant that [*552] the filing of successive motions in an attempt to litigate issues that were, or could have been raised in a previous motion is an abuse of the judicial process and may result in adverse consequences. Simon v. State, 904 So. 2d 487 (Fla. 3d DCA 2005). Secondly, the defendant’s motion to set aside his Miami-Dade plea on the basis that it “could” affect his resentencing in Broward “if’ his case in Broward was reversed on appeal, was pure speculation, and a review of the record…
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
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999)
- Martin v. State, 833 So. 2d 756 (Fla. 2002)
- Austin v. Tasse, 842 So. 2d 793 (Fla. 2003)
- Green v. State, 830 So. 2d 142 (Fla. 3d DCA 2002)
- Washington v. State, 867 So. 2d 649 (Fla. 5th DCA 2004)
- Lewis v. State, 900 So. 2d 625 (Fla. 3d DCA 2005)
- Simon v. State, 869 So. 2d 1254 (Fla. 3d DCA 2004)
- Johnson v. State, 899 So. 2d 1165 (Fla. 3d DCA 2005)