EUGENE BARNES
v.
STATE OF FLORIDA
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A postconviction court properly denied a Rule 3.800(a) motion raising a claim previously rejected on appeal.
[1] A postconviction court may properly deny a Rule 3.800(a) motion raising a claim previously rejected on appeal without further consideration.
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Join FLexlaw to unlock all legal intelligenceEugene Barnes appealed the denial of his postconviction relief motion in a criminal case from Marion County Circuit Court. He raised the same claim 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
EUGENE BARNES,
Appellant,
v. Case No. 5D21-309
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed April 9, 2021
3.800 Appeal from the Circuit Court for Marion County, Steven G. Rogers, Judge.
Eugene Barnes, Orlando, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant appeals the postconviction court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in Marion County Circuit Court Case No. 1999–CF–4040, raising the same claim this Court rejected in 2019. Barnes v. State, 274 So. 3d 385 (Fla. 5th DCA 2019).
2 We affirm the postconviction court’s order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to Marion County Circuit Court Case No. 1999–CF–4040 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. (2019); State v. Spencer, 751 So. 2d 47 (Fla. 1999).
AFFIRMED; APPELLANT CAUTIONED.
WALLIS, EDWARDS, and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Jennings v. State, 274 So. 3d 385 (Fla. 5th DCA 2019)