ADAM DIRESTA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-11-05
No. 21-0999
Wilson, J., Lambert, C.J., Harris, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A postconviction court's denial of a Rule 3.800(a) motion to correct an illegal sentence is affirmed when the motion lacks merit.


Headnotes

[1] A trial court may impose sanctions, including a bar on pro se filings and referral to prison officials for disciplinary proceedings, for abusive, repetitive, malicious, o…

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Facts & Procedural History

Adam Diresta, a pro se appellant, filed a Rule 3.800(a) motion to correct an illegal sentence in a criminal case from 1998. The postconviction court d…

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Opinion of the Court
Warning Issued Lambert

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

ADAM DIRESTA, Appellant, v. Case No. 5D21-999 LT Case No. 98-CF-8255 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 5, 2021 3.800 Appeal from the Circuit Court for Orange County, Tanya Davis Wilson, Judge. Adam Diresta, Okeechobee, pro se. No Appearance for Appellee.

PER CURIAM.

Adam Diresta, pro se, appeals the postconviction court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence in Orange County Circuit Court Case No. 98-CF-8255. We affirm the postconviction court’s order and caution Diresta that abusive, repetitive,

2 malicious, or frivolous filings directed to Orange County Circuit Court Case No. 98-CF-8255 may result in sanctions such as a bar on pro se filings in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); § 944.279(1), Fla. Stat. (2020). AFFIRMED; WARNING ISSUED LAMBERT, C.J., HARRIS, and WOZNIAK, JJ., concur.


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