QUINTERO
v.
STATE
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A Rule 3.800(a) motion challenging the legality of a sentence was properly denied, and an appeal of an order to show cause regarding pro se filing restrictions is premature pending entry of a final order.
[1] An appeal challenging an order to show cause regarding restrictions on pro se filings is premature and should be dismissed without prejudice until a final order precludin…
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Join FLexlaw to unlock all legal intelligence“providing notice and an opportunity to respond through the issuance of an order to show cause . . . serves to generate a more complete record. If the litigant is thereafter denied further pro se access to the courts, the appellate courts will have an enhanced ability to determine whether the denial of access is an appropriate sanction under the circumstances.”
Explanation for dismissing the premature appeal regarding the show-cause order
Lazaro Quintero filed a Rule 3.800(a) motion alleging his sentence was illegal. The trial court denied the motion and directed Quintero to show cause …
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PER CURIAM.
Lazaro Quintero appeals an order that denied his Florida Rule of Criminal
Procedure 3.800(a) motion that alleged his sentence was illegal. The trial court’s order denied Quintero’s motion, and directed Quintero to show cause why he should not be precluded from further pro se filings in lower court case number
F08-32265. We affirm the denial of Quintero’s rule 3.800 motion. We dismiss, as premature, Quintero’s appeal regarding that portion of the order requiring him to show cause, without prejudice to Quintero separately appealing any final order entered below precluding him from further pro se filings in the trial court in this case. See State v. Spencer, 751 So. 2d 47, 48-49 (Fla. 1999) (“[P]roviding notice and an opportunity to respond through the issuance of an order to show cause . . .
serves to generate a more complete record. If the litigant is thereafter denied further pro se access to the courts, the appellate courts will have an enhanced ability to determine whether the denial of access is an appropriate sanction under the circumstances.”).
Affirmed in part, dismissed in part.