SERGIO WINSTON ARCHER HENDERSON
v.
STATE OF FLORIDA
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The trial court properly denied Henderson's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief.
[1] A trial court may impose sanctions including a bar on pro se filing and referral to prison officials for disciplinary proceedings against a party who engages in abusive,…
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Join FLexlaw to unlock all legal intelligenceHenderson, an inmate at Raiford, appealed the denial of his Rule 3.850 postconviction relief motion in a Seminole County criminal case from 2009.…
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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
SERGIO WINSTON ARCHER HENDERSON,
Appellant,
v. Case No. 5D19-597
STATE OF FLORIDA,
Appellee.
_____________________________________/
Opinion filed October 18, 2019
3.850 Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge.
Sergio Winston Archer Henderson, Raiford, pro se.
Ashley Moody, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Sergio Winston Archer Henderson appeals the trial court's denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in Seminole County Circuit Court Case No. 2009-CF-3535-A. We affirm the trial court's order and caution Henderson 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
2
Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47, 48–49 (Fla. 1999).
AFFIRMED.
EVANDER, C.J., and EDWARDS, J., and JACOBUS, B.W., Senior Judge, concur.