WALTER R. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal, First District, imposed sanctions on Harris, a prisoner who had filed seven frivolous appeals and petitions over 15 years challenging his 2000 conviction for sexual battery of a minor. The court prohibited Harris from filing pro se appeals in that court and referred the matter to the Department of Corrections for potential additional disciplinary action.
The court imposed sanctions prohibiting Harris from filing pro se appeals or petitions related to his criminal case unless signed by a Florida Bar member, and referred the matter to the Department of Corrections for potential additional administrative sanctions pursuant to Florida Statutes section 944.279.
[1] A party who repeatedly files frivolous appeals or petitions challenging a judgment and sentence may be sanctioned for abuse of process.
[2] Sanctions for abuse of process may include a prohibition on further pro se filings in the appellate court.
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 appeal, like the underlying petition, was frivolous and constitutes an abuse of process.”
Establishes the court's finding that Harris's current appeal was frivolous and constituted abuse of process
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Join FLexlaw to unlock all legal intelligenceHarris was convicted in 2000 of three counts of sexual battery and three counts of misdemeanor battery against a 13-year-old student while he was a P.…
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ORDER IMPOSING SANCTIONS
In 2000, Appellant was convicted of three counts of sexual battery and three counts of misdemeanor battery arising out of the sexual relationship he had with a 13-year old student while he was a P.E. teacher and track coach at the victim’s school. Appellant was sentenced to 25 years in prison followed by 5 years of sex offender probation and he was also designated a sexual predator. This court affirmed Appellant’s judgment and sentence in 2002.
Prior to this appeal, Appellant had filed seven appeals or petitions in this court challenging the denial of postconviction motions or other pleadings collaterally attacking his judgment and sentence. See 1st DCA Case Nos. 02-5205, 04-4979, 05-2124, 08-3771, 09-6371, 10-6708, and 11-5511. None of these cases resulted in any relief for Appellant. In this appeal, Appellant sought review of the order denying a petition for writ of habeas corpus in which Appellant claimed that the trial court erred in denying his 2010 postconviction motion that was affirmed on appeal in case number 1D11-5511. This appeal, like the underlying petition, was frivolous and constitutes an abuse of process.
We per curiam affirmed this appeal and, based on Appellant’s numerous and frivolous attacks on his now 15-year old judgment and sentence, we ordered Appellant to show cause why he should not be sanctioned, including a prohibition on further pro se filings in this court and a referral to the Department of Corrections for disciplinary action. See State v. Spencer, 751 So.2d 47 (Fla.1999); § 944.279, Fla. Stat.; Fla. R. App. P. 9.410(a). Appellant filed a response to the order to show cause in which he described the procedural history leading up to the petition at issue in this appeal and reargued what he perceived to be the merits of the petition.
*1281The response filed by Appellant is insufficient to justify his continued frivolous attacks on his judgment and sentence, and we conclude that sanctions against Appellant are warranted based on his abuse of the appellate process. Accordingly, we hereby prohibit Appellant (Walter R. Harris, DOC # N07503) from filing any pro se appeals or petitions in this court related to his criminal case, Leon County Case No. 1999-CF-2404, and we direct the Clerk not to accept any filings from Appellant related to that case unless they are signed by a member in good standing of the Florida Bar. Additionally, the Clerk is directed to send a certified copy of this order to the Department of Corrections pursuant to section 944.279, Florida Statutes, for the potential imposition of additional administrative sanctions.
No motion for rehearing of this order will be entertained by the court.
It is so ordered.
ROBERTS, C.J., WETHERELL, and OSTERHAUS, JJ., concur.