MICHAEL T. WEAVER, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Michael Weaver petitioned for a writ of habeas corpus challenging the legality of his 1999 sentence for second-degree murder and armed robbery, arguing that the trial court imposed an upward departure from sentencing guidelines without stating reasons and that his plea was involuntary. The court denied the petition and issued an order to show cause regarding whether Weaver should be prohibited from filing further pro se appeals on the same issues.
The court denied Weaver's habeas corpus petition, finding that his objections to the sentence lack merit based on prior decisions in this same case. The court also issued an order to show cause directing Weaver to demonstrate good cause why he should not be prohibited from filing further pro se appeals, motions, or other proceedings related to his criminal sentencing.
[1] A petition for writ of habeas corpus may be denied when the petitioner's arguments have been repeatedly rejected by the courts.
[2] Sentencing guidelines may be inapplicable when the terms of a plea bargain dictate otherwise.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This Court has held that this first objection is without merit. Weaver v. State, 845 So.2d 280, 282 (Fla. 3d DCA 2003).”
The court's holding that Weaver's primary argument regarding unauthorized upward departure lacks merit because sentencing guidelines were inapplicable under his plea bargain.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWeaver pled guilty to second-degree murder, armed robbery, and unlawful possession of a firearm while engaged in a criminal offense in 1999. On Decemb…
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Michael T. Weaver petitions this Court for a writ of habeas corpus challenging the legality of his 1999 criminal sentence. Weaver pled guilty to second degree murder, armed robbery, and unlawful possession of a firearm while engaged in a criminal offense. On December 13, 1999, the trial court sentenced Weaver to consecutive terms of life imprisonment for the second degree murder and armed robbery counts. Upon consideration of Weaver’s arguments in his petition for writ of habe-as corpus, we deny the petition and issue an order to show cause as described below.
Weaver has lodged in both the federal and state courts repeated objections to his sentence. His objections are twofold: (1) Because Weaver entered into a plea agreement, it was improper for the trial judge to impose a sentence that represented an upward departure of the sentencing guidelines, and then fail to state the reason for the departure; and (2) Weaver’s plea was not voluntary.
Weaver’s current petition for writ of ha-beas corpus focuses on the first of Weaver’s two objections. This Court has held that this first objection is without merit. Weaver v. State, 845 So.2d 280, 282 (Fla. 3d DCA 2003).1
This Court also affirmed a trial court order of April 7, 2009, which denied Weaver’s motion for post-conviction relief on the basis of these same two objections. Weaver v. State, 15 So.3d 753 (Fla. 3d DCA 2009) (Mem). As recently as 2011, Weaver filed a petition for writ of habeas corpus with this Court and again argued the samé two objections. This Court denied the pe*720tition in Weaver v. State, 75 So.3d 741 (Fla. 3d DCA 2011) (Table).2
ORDER TO SHOW CAUSE
Weaver is hereby directed to show cause, within thirty days from the date of this opinion, why he should not be prohibited from filing any further pro se appeals, petitions, motions or other proceedings related to his criminal sentencing in circuit court case number 94-37277.
If Weaver does not demonstrate good cause, any such further and unauthorized filings by Weaver will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for its consideration of disciplinary action, including forfeiture of gain time. See § 944.279(1), Fla. Stat. (2014).
Petition denied. Order to show cause issued.
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- Stevens v. Tarpon BAY Moorings Homeowners Ass'n Inc., 15 So. 3d 753 (Fla. 4th DCA 2009)
- Weaver v. State, 845 So. 2d 280 (Fla. 3d DCA 2003)
- Weaver v. State, 15 So. 3d 753 (Fla. 3d DCA 2009)