ARTHUR AVERY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-12-30
No. 22-2154
Florida District Court of Appeal, Fifth District (2022)

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Holding

The court affirmed the trial court's order denying postconviction relief and warned the appellant that future abusive, repetitive, malicious, or frivolous pro se filings may result in sanctions.


Headnotes

[1] A court may caution a pro se appellant that further abusive, repetitive, malicious, or frivolous filings in postconviction litigation may result in sanctions including a…

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Facts & Procedural History

Arthur Avery, proceeding pro se, appealed the trial court's order denying his motion for postconviction relief in a criminal case. The court had previ…

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Opinion of the Court

PER CURIAM.

This court previously affirmed the trial court’s order(s) denying Appellant’s motion for postconviction relief in Orange County Circuit Court Case No. 2012-CF-8523. 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. 2012-CF-8523 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 § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).

APPELLANT CAUTIONED.

SASSO, TRAVER and NARDELLA, JJ., concur.


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