DAVID MCCLAIN
v.
STATE OF FLORIDA
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The trial court properly denied the appellant's rule 3.850 motion for postconviction relief.
[1] A trial court may impose sanctions including a bar on pro se filings and referral to prison officials for disciplinary proceedings when a litigant engages in abusive, rep…
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Join FLexlaw to unlock all legal intelligenceDavid McClain appealed the denial of his rule 3.850 motion for postconviction relief in an Orange County criminal case from 1999.…
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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
DAVID MCCLAIN,
Appellant,
v. Case No. 5D19-1505
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed November 8, 2019
3.850 Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.
David McClain, Arcadia, pro se.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant appeals the trial court’s denial of his rule 3.850 motion for postconviction relief in Orange County Circuit Court Case No. 1999-CF-10125-A-O. 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 filings in this Court and referral to prison officials for disciplinary proceedings,
2 which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).
AFFIRMED.
EISNAUGLE, GROSSHANS, and SASSO, JJ., concur.