WILLIE MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2017-09-20
No. CASE NO. 1D17-0344
ROBERTS, MAKAR, and JAY, JJ., CONCUR.
227 So. 3d 1253 Florida District Court of Appeal, First District (2017)

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Holding

Appellant is barred from future pro se filings in this Court concerning his specific case due to abuse of the legal process through repeated, frivolous filings.


Facts & Procedural History

Appellant has filed five previous postconviction appeals challenging his judgment and sentence. The instant appeal involves an untimely motion raising…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We previously affirmed the summary denial of Appellant’s postconviction motion brought pursuant to Florida Rule of Criminal Procedure 3.850. We also ordered the appellant to show cause why sanctions should not be imposed for his frivolous filings in this Court.

Appellant has failed to obtain relief in five previous postconviction appeals that he filed in this Court to challenge his judgment and sentence in Baker County Circuit Court Case 02-2004-CF-000165-A. The instant appeal involves an untimely postconviction motion raising a claim that has been argued and rejected numerous times. Due to Appellant’s apparent abuse of the legal process by his repeated, frivolous pro se filings attacking his judgment and sentence, this Court issued an order directing him 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). Appellant has not shown cause for his repeated frivolous filings.

Therefore, because Appellant’s repeated attacks on his judgment 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 Baker County Circuit Court Case 02-2004-CF-000165-A. The Clerk of this 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.

ROBERTS, MAKAR, and JAY, JJ., CONCUR.


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