LESTER GRAY
v.
STATE OF FLORIDA
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A trial court properly denies a fifth Rule 3.800 motion to correct an illegal sentence when the motion is repetitive and lacks merit.
[1] Abusive, repetitive, malicious, or frivolous filings in post-conviction proceedings may result in sanctions including a bar on pro se filing and referral to prison offici…
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Join FLexlaw to unlock all legal intelligenceLester Gray, proceeding pro se, filed his fifth Florida Rule of Criminal Procedure 3.800 motion to correct an illegal sentence in a case from 1982. Th…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
LESTER GRAY,
Appellant,
v. Case No. 5D19-1266
STATE OF FLORIDA,
Appellee.
________________________________/ Opinion filed August 2, 2019
3.800 Appeal from the Circuit Court for Orange County, Jenifer M. Harris, Judge.
Lester Gray, Malone, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant appeals the trial court’s denial of his fifth Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence in Orange County Circuit Court Case No. 1982-CF-1701. We affirm the trial court’s order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to the identified lower court case number may result in sanctions, such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla Stat. (2018); State v. Spencer, 751 So. 2d 47 (Fla. 1999).
2
AFFIRMED.
WALLIS, LAMBERT and SASSO, JJ., concur.