JERMAINE GREENE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-09-20
No. 5D2024-0877
2024 FL 11455 Florida District Court of Appeal, Fifth District (2024)

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Holding

The postconviction court properly denied Appellant's Rule 3.850 motion for postconviction relief.


Headnotes

[1] A trial court may sanction a pro se litigant for abusive, repetitive, malicious, or frivolous filings by imposing a bar on further pro se filings and referring the matter…

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Facts & Procedural History

Jermaine Greene appealed the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in a criminal case from Lake Coun…

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Opinion of the Court

September 20, 2024 PER CURIAM.

Appellant appeals the postconviction court’s denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in Lake County Circuit Court Case No. 2013-CF-002220. We affirm the postconviction court’s order and caution him that abusive, repetitive, malicious, or frivolous filings directed to Lake County Circuit Court Case No. 2013-CF-002220 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. (2024); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

AFFIRMED; APPELLANT CAUTIONED.

EDWARDS, C.J., and MAKAR and SOUD, 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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