CESAR A. VILLAZANO
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-12-02
No. 22-1599
Florida District Court of Appeal, Fifth District (2022)

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Holding

A pro se petitioner's habeas corpus petition was properly denied by the trial court.


Headnotes

[1] A court may caution a pro se litigant that abusive, repetitive, malicious, or frivolous filings may result in sanctions including a bar on pro se filing and referral to p…

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Key Quotes

“abusive, repetitive, malicious, or frivolous filings directed to Volusia County Circuit Court Case No. 2007-034013-CFAES may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings”

Warning issued to pro se appellant regarding potential consequences of continued abuse of the judicial process

Facts & Procedural History

Cesar A. Villazano, proceeding pro se, appealed the trial court's denial of his petition for writ of habeas corpus in Volusia County Circuit Court. Th…

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Opinion of the Court

PER CURIAM.

Appellant appeals the trial court’s denial of his petition for writ of habeas corpus in Volusia County Circuit Court Case No. 2007-034013-CFAES. We affirm the trial court’s order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to Volusia County Circuit Court Case No. 2007-034013-CFAES 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; PRO SE CAUTIONED.

WALLIS, EDWARDS, and HARRIS, JJ., concur.


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