RICHARD D. SMITH, PETITIONER,
v.
JULIE L. JONES, SECRETARY, FDOC, AND STATE OF FLORIDA, RESPONDENT
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The court dismissed a petition for ineffective assistance of appellate counsel as untimely and successive, and barred the petitioner from future pro se filings in the appellate court regarding his conviction due to abuse of process.
A petitioner who repeatedly files pro se petitions attacking his conviction and sentence may be barred from future pro se filings in the appellate court as an abuse of process.
[1] A party engaging in repeated pro se filings attacking a conviction may be barred from future pro se filings in the appellate court as an abuse of process.
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Join FLexlaw to unlock all legal intelligenceRichard D. Smith filed a petition alleging ineffective assistance of appellate counsel regarding his conviction in Levy County Circuit Court case numb…
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The petition alleging ineffective assistance of appellate counsel is dismissed as untimely and successive. See Fla. R. App. P. 9.141(d)(5) and (6)(C). ■
*625Due to petitioner’s apparent abuse of the legal process by his repeated pro se filings attacking his conviction and sentence in Levy County Circuit Court case number 38-1999-CF-0491-A, this court issued an order directing petitioner to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999). Petitioner’s response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions.
As such, because petitioner’s continued and repeated attacks on his conviction and sentence have become an abuse of the legal process, we hold that he is barred from future pro se filings in. this court concerning Levy County Circuit Court ease number 38-1999-CF-0491-A. The Clerk of the Court is directed not to accept any future filings concerning this case unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2015). See Fla. R. App. P. 9.410.
ROWE, KELSEY, and WINOKUR, JJ., concur.