JAVIER JIMENEZ-JIMENEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAVIER JIMENEZ-JIMENEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
142 So. 3d 901
Florida District Court of Appeal, Fourth District (2014)
Positive Treatment
Cited by 1 case
Opinion of the Court
Javier Jimenez-Jimenez appeals an order that denied his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and imposes sanctions based on State v. Spencer, 751 So.2d 47 (Fla.1999). We affirm the trial court’s denial of the rule 3.850 motion, but we reverse the sanction order. However, as in Wilson v. State, 57 So.3d 1000 (Fla. 4th DCA 2011), we caution appellant that he may face the same prohibition again should he abuse the process by filing repetitious and frivolous pleadings and papers.
Affirmed in part, reversed in part, and remanded.
MAY, LEVINE and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 197 So. 3d 580 (Fla. 4th DCA 2016)…untimely successive motion. At the State’s urging, the trial court issued a Spencer order to show cause and then issued the sanction order. We affirm the order that denied the amended motion, but reverse the sanction order. Jimenez-Jimenez v. State, 142 So. 3d 901 (Fla. 4th DCA 2014); Wilson v. State, 57 So. 3d 1000 (Fla. 4th- DCA 2011). While' we- reverse, we caution Smith that, should he abuse the process by continually filing additional pleadings, he may face the same prohibition again. Affirmed in par…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Wilson v. State, 57 So. 3d 1000 (Fla. 4th DCA 2011)