RICARDO L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ricardo Johnson appealed the summary denial of his third Rule 3.800(a) motion challenging his sentence as vindictively imposed. The court affirmed the denial and imposed a bar on Johnson from filing any future pro se pleadings concerning this case, finding his successive filings constituted an abuse of process.
The court affirmed the denial of Johnson's third Rule 3.800(a) motion as successive. The court further held that Johnson is barred from filing any future pro se pleadings concerning Seminole County case number 99-3985-CFA, as his prior pleadings constitute an abuse of process. Vindictive sentencing claims are not cognizable in Rule 3.800(a) proceedings.
[1] A claim of vindictive sentencing is not cognizable in a rule 3.800(a) motion to correct an illegal sentence.
[2] A trial court may deny a motion to correct an illegal sentence as successive when the same claim has been raised in prior motions.
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Court's rationale for barring future pro se filings as an abuse of process to conserve judicial resources
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Join FLexlaw to unlock all legal intelligenceJohnson filed three successive Rule 3.800(a) motions in Seminole County case number 99-3985-CFA, all alleging that his sentence was vindictively impos…
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THOMPSON, J.
Ricardo L. Johnson appeals the summary denial of his third rule 3.800(a) motion to correct an illegal sentence directed at Seminole County case number 99-3985-CFA. The trial court denied Johnson’s motion as successive and we affirm. In order to conserve judicial resources, we further hold that Johnson is barred from filing any future pro se pleadings concerning Seminole County case number 99-3985-CFA on the basis that his prior pleadings constitute an abuse of process and “[ejnough is enough.” Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995).
Johnson’s current rule 3.800(a) motion alleged that his sentence in case number 99-3985-CFA was vindictively imposed by the trial judge. Johnson, however, made the same assertion in both his first and second rule 3.800(a) motions, which were denied by the trial court and affirmed by this Court on appeal.1 See Johnson v. State, 875 So. 2d 633 (Fla. 5th DCA 2004) (table); Johnson v. State, 928 So. 2d 461 (Fla. 5th DCA 2006). Notably, in denying his second rule 3.800(a) motion as successive, the trial court also noted that vindictive sentencing claims are not cognizable in a rule 3.800(a) proceeding. See Bouno v. State, 900 So. 2d 672 (Fla. 5th DCA 2005).
In response to this Court’s show cause order, issued pursuant to State v. Spencer, 751 So. 2d 47 (Fla.1999), Johnson argues that his claim of vindictiveness in the instant motion was qualitatively different than his prior vindictiveness claims. What Johnson fails to recognize is that no vindictive sentencing claim is cognizable in a rule 3.800(a) proceeding. See Bouno.
Accordingly, we prohibit Johnson from filing any further pro se pleadings with this court directed at Seminole County case number 99-3985-CFA. We direct the Clerk of this Court to summarily reject any further such pro se pleadings unless they are filed by a member in good standing of The Florida Bar. AFFIRMED; Future Pro Se Filings PROHIBITED.
PLEUS, C.J. and ORFINGER, J., concur. . We also take judicial notice of our own records which, demonstrate that Johnson raised the same vindictive sentencing claim before the trial court in a petition for writ of certiorari, which was dismissed by the trial court and affirmed by this Court on appeal. See Johnson v. State, 894 So. 2d 261 (Fla. 5th DCA 2005) (table).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Bouno v. State, 900 So. 2d 672 (Fla. 5th DCA 2005)
- B.L.G. v. State, 928 So. 2d 461 (Fla. 5th DCA 2006)
- Johnson v. State, 928 So. 2d 461 (Fla. 5th DCA 2006)