ROBERT J. DOYLE, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Petition for writ of mandamus to compel ruling on motion to correct illegal sentence denied without prejudice where motion cannot be located, with warning against future frivolous filings.
A petition for writ of mandamus to compel a lower court to rule on a post-conviction motion is denied without prejudice where the motion cannot be located, but the petitioner may file a new motion.
[1] Successive pro se filings challenging convictions and sentences may result in sanctions under Florida Statutes section 944.279 and paragraph 944.28(2)(a), and prohibition…
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Join FLexlaw to unlock all legal intelligenceRobert J. Doyle filed a pro se petition for writ of mandamus seeking to compel the lower court to rule on his motion to correct an illegal sentence fi…
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WELLS, J.
On December 17, 2007, Robert J. Doyle filed a pro se Petition for Writ of Mandamus with this court seeking to compel the lower court to rule on his motion to correct an illegal sentence. Pursuant to an order of this court, the State responded that the criminal court docket sheet indicated that such a motion was filed on March 5, 2007, but that neither the trial court nor the State was in possession of the motion. The State also asked that this court recommend to the Department of Corrections that Doyle be sanctioned for filing numerous, frivolous collateral criminal proceedings with respect to his convictions and sentences in this case.
Based on the State’s representations that Doyle’s post-conviction motion cannot be located, we deny the petition without prejudice to file a new post-conviction mo tion in the lower court. We decline to recommend to the Department of Corrections that it sanction the defendant at this time. However, upon reviewing the recent flurry of meritless, successive, pro se filings challenging his convictions and sentences in this case, we caution the defendant that the continued filing of frivolous or abusive papers may not only result in a future recommendation to the Department of Corrections that it bring disciplinary procedures against him under paragraph 944.28(2)(a) and section 944.279, Florida Statutes (2007), but also a prohibition against any further pro se filings in this court. See O’Haver v. State, 944 So. 2d 498 (Fla. 3d DCA 2006); Johnson v. State, 915 So. 2d 682 (Fla. 3d DCA 2005).
Petition denied.
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Citator
Cited By
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Barber v. State, 994 So. 2d 376 (Fla. 3d DCA 2008)…944.28(2)(a), Florida Statutes (2007). See Pettway v. McNeil, 987 So. 2d 20 (Fla.2008). Petition denied. . See Barber v. State, 985 So. 2d 542 (Fla. 3d DCA 2008) (table); Barber v. State, 985 So. 2d 542 (Fla. 3d DCA 2008) (table); Barber v. State, 979 So. 2d 1029 (Fla. 3d DCA 2008) (table); Barber v. State, 963 So. 2d 240 (Fla. 3d DCA 2007) (table); Barber v. State, 936 So. 2d 577 (Fla. 3d DCA 2006) (table); Barber v. State, 926 So. 2d 1286 (Fla. 3d DCA 2006) (table); Barber v. State, 838 So. 2d 1162 (Fla. 3…
Authorities Cited
- Johnson v. State, 915 So. 2d 682 (Fla. 3d DCA 2005)
- Acevedo v. State, 944 So. 2d 498 (Fla. 3d DCA 2006)
- O'Haver v. State, 944 So. 2d 498 (Fla. 3d DCA 2006)