MICHAEL DUNBAR
v.
STATE OF FLORIDA
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Michael Dunbar appeals the summary denial of his motion for postconviction relief challenging his life sentence for attempted first-degree murder. The trial court determined the sentence was legal under Florida Statutes section 775.087(2)(a)(3), and the appellate court affirmed, finding no error.
The court affirmed the trial court's determination that the life sentence for attempted first-degree murder was legal and authorized under section 775.087(2)(a)(3), Florida Statutes. The appellate court found no error in the trial court's decision.
[1] A prisoner who brings a frivolous collateral criminal appeal may be subject to sanctions including prohibition from further pro se filings and referral to the Department…
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Join FLexlaw to unlock all legal intelligenceDunbar was convicted and sentenced to life imprisonment for attempted first-degree murder in 2008 in Duval County Circuit Court Case No. 07-13715 CFA.…
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September 22, 2021 PER CURIAM.
Michael Dunbar appeals an order summarily denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.800(a). Dunbar asserted that his life sentence for attempted first-degree murder was illegal. The trial court determined that Dunbar’s sentence not illegal because his life sentence was authorized under section 775.087(2)(a)(3), Florida Statutes. (2007). Finding no error by the trial court, we affirm.
We also conclude that this appeal is frivolous. This appeal marks Dunbar’s fourth collateral attack on his 2008 judgment and sentence in Duval County Circuit Court Case Number 07-13715 CFA. He appealed from orders denying postconviction relief in these cases: 1D10-6449, 1D14-3481, and 1D15-2577. Dunbar received no relief in any of these cases. The court warns Dunbar that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution or facility of Florida Department of Corrections for disciplinary procedures. See § 944.279, Fla. Stat. (2020) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . or to have brought a frivolous or malicious collateral criminal proceeding . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”).
AFFIRMED.
ROWE, C.J., and LEWIS and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael Dunbar, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.