MICHAEL REASE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-02-16
No. 23-3372
2024 FL 1664 Florida District Court of Appeal, Fifth District (2024) Positive Treatment
Cited by 8 cases

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Holding

A pro se petitioner who has repeatedly appealed the same sentencing error over multiple years and courts may be sanctioned for further filings asserting claims stemming from the same case.


Headnotes

[1] A pro se litigant who repeatedly files successive petitions raising the same sentencing error across multiple courts and years may be subject to sanctions including a bar…

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Facts & Procedural History

Michael Rease, proceeding pro se, filed a second appeal in the Fifth District concerning an alleged sentencing error from a 1984 criminal conviction i…

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Opinion of the Court

February 16, 2024 PER CURIAM.

Petitioner continues to file appeals concerning an alleged sentencing error in Clay County Circuit Court Case Number 1984-CF-693-A. Petitioner’s unsuccessful attempts at appealing this identical issue are documented in: Rease v. State, 78 So. 3d 540 (Fla. 1st DCA 2011); Rease v. State, 101 So. 3d 843 (Fla. 1st DCA 2012); Rease v. State, 145 So. 3d 836 (Fla. 1st DCA 2014); Rease v. State, 325 So. 3d 842 (Fla. 1st DCA 2021); and Rease v. State, No. 5D23-716 (Fla. 5th DCA April 24, 2023) (order dismissing

successive petition). Petitioner has now pursued a second appeal in this Court concerning the same alleged sentencing error. Because it appears that Petitioner’s filings are abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further pro se filings in this Court asserting claims stemming from the identified circuit case number 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. (2018); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

PETITIONER CAUTIONED. EDWARDS, C.J., and WALLIS and KILBANE, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________


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Citator

Cited By

  • Rease v. State (Fla. 5th DCA 2024)
    …ER CURIAM. Petitioner continues to file appeals concerning an alleged sentencing error in Clay County Circuit Court Case Number 1984- CF-693-A. Petitioner’s unsuccessful attempts at appealing this identical issue are documented in: Rease v. State, 78 So. 3d 540 (Fla. 1st DCA 2011); Rease v. State, 101 So. 3d 843 (Fla. 1st DCA 2012); Rease v. State, 145 So. 3d 836 (Fla. 1st DCA 2014); Rease v. State, 325 So. 3d 842 (Fla. 1st DCA 2021); and Rease v. State, No. 5D23-716 (Fla. 5th DCA April 24, 2023) (order di…
    1 / 4
  • Rease v. State (Fla. 5th DCA 2023)
    …ER CURIAM. Petitioner continues to file appeals concerning an alleged sentencing error in Clay County Circuit Court Case Number 1984- CF-693-A. Petitioner’s unsuccessful attempts at appealing this identical issue are documented in: Rease v. State, 78 So. 3d 540 (Fla. 1st DCA 2011); Rease v. State, 101 So. 3d 843 (Fla. 1st DCA 2012); Rease v. State, 145 So. 3d 836 (Fla. 1st DCA 2014); Rease v. State, 325 So. 3d 842 (Fla. 1st DCA 2021); and Rease v. State, No. 5D23-716 (Fla. 5th DCA April 24, 2023) (order di…
    1 / 4

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