CHARLES E. CARTER, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Charles E. Carter appeals the denial of his petition for writ of certiorari and motion to correct an illegal sentence. The Florida Third District Court of Appeal affirmed the denial, finding no new grounds to reverse the trial court's 2000 re-sentencing decision, and issued an order to show cause why Carter should not be prohibited from filing further pro se appeals related to his criminal sentencing.
The court affirmed the denial of Carter's petition and motion, finding no new grounds to reverse the trial court's re-sentencing determination. The court issued an order requiring Carter to show cause why he should not be prohibited from filing further pro se appeals related to his criminal sentencing.
[1] A court may issue an order to show cause directing a party to demonstrate why they should not be prohibited from filing further appeals or motions related to a specific c…
[2] A party who repeatedly files unsuccessful appeals or motions related to a criminal sentencing may be subject to sanctions, including prohibition from future filings and d…
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Join FLexlaw to unlock all legal intelligence“We find no new grounds upon which to reverse the determination of the trial court in the instant appeal.”
Establishes that the appellate court found the trial court's re-sentencing decision sound with no reversible error.
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Join FLexlaw to unlock all legal intelligenceIn 1987, a jury convicted Carter of aggravated battery, armed robbery, armed kidnapping, attempted first degree murder, and armed burglary of an occup…
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Charles E. Carter appeals a denial by the Miami-Dade circuit court of his combined petition for a writ of certiorari and motion to correct an illegal sentence. We affirm, and issue an order to show cause.
In 1987, a jury convicted Carter of aggravated battery, armed robbery, armed kidnapping, attempted first degree murder, and armed burglary of an occupied conveyance. In 2000, after a federal magistrate recommended that Carter be re-sentenced, the trial court, upon de novo review, re-sentenced Carter as follows: fifteen-years imprisonment for aggravated battery, thirteen-years imprisonment for armed robbery (with credit for time served), life imprisonment for armed kidnapping (to run concurrently), life imprisonment for burglary of a conveyance (to run concurrently),, and thirty-years imprisonment for attempted first degree murder (to run concurrently).1
This Court has ruled repeatedly on Carter’s challenges to his re-sentencing.2 We find no new. grounds upon which to reverse the determination of the trial court in the instant appeal.
*892ORDER TO SHOW CAUSE
Carter is hereby directed to show cause, within forty-five 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 86-85031.
If Carter does not demonstrate good cause, any such further and unauthorized filings by Carter 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).
Affirmed. Order to show cause issued.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- DAY v. GEE, 791 So. 2d 568 (Fla. 1st DCA 2001)
- Carter v. State, 791 So. 2d 568 (Fla. 3d DCA 2001)
- Carter v. State, 837 So. 2d 472 (Fla. 3d DCA 2002)
- Carter v. State, 37 So. 3d 377 (Fla. 3d DCA 2010)