JOSHUA WRIGHT
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-10-14
No. 22-1928
Florida District Court of Appeal, Fifth District (2022)

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Holding

A pro se appellant whose postconviction filings are abusive, repetitive, malicious, or frivolous may be sanctioned by the appellate court, including a bar on pro se filings and referral to prison officials for disciplinary proceedings.


Headnotes

[1] An appellate court may impose sanctions including a bar on pro se filings and referral to prison officials for disciplinary proceedings against a pro se appellant whose r…

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Key Quotes

“Because it appears that Appellant's postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further pro se filings in this Court asserting claims stemming from Orange County Circuit Court Case No. 2016-CF-10248-A-O 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.”

The court's warning to the appellant regarding consequences of future frivolous filings.

Facts & Procedural History

Joshua Wright appealed a trial court's order denying his postconviction relief motion in an Orange County criminal case from 2016. The appellate court…

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Opinion of the Court

PER CURIAM.

This Court previously affirmed the trial court’s order denying Appellant’s motion for postconviction relief in Orange County Circuit Court Case Number 2016-CF-10248-A-O. Because it appears that Appellant’s postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further pro se filings in this Court asserting claims stemming from Orange County Circuit Court Case No. 2016-CF-10248-A-O 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).

APPELLANT CAUTIONED.

SASSO, TRAVER and WOZNIAK, JJ., concur.


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