RICHARD LEONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GOSHORN, J.
Richard Leone appeals the denial of his 3.850 motion. In so doing, he returns to this court for at least the sixteenth time relating to his 1985 conviction for two counts of capital sexual battery of two children under eleven years old. We are also aware of at least four appearances in other state courts relating to the same convictions.
In Leone v. State, 657 So. 2d 26 (Fla. 5th DCA 1995), we denied his petition for writ of habeas corpus as an abuse of process and warned him that “[e]nough surely is enough.” Accordingly, we dismiss this appeal as frivolous and an abuse of process. The clerk is directed to reject any further pleadings not reviewed and signed by an attorney licensed to practice in this state. Leone is expressly cautioned that his gain time will be forfeited if he files any more frivolous appeals, pleadings, petitions, or motions. Rivera v. State, 728 So. 2d 1165 (Fla.1998), petition for cert. filed, No. 98-8366, — U.S. -, — S.Ct. -, — L.Ed.2d - (Mar. 3, 1999); Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997), review granted, 718 So. 2d 168 (Fla.1998); O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA), review denied, 697 So. 2d 511 (Fla.1997).
APPEAL DISMISSED.
DAUKSCH and W. SHARP, JJ„ concur.
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Renaud Dubuisson v. State, 762 So. 2d 1059 (Fla. 3d DCA 2000)…written judgment of conviction for grand theft. During the sentencing hearing, the State correctly advised the trial court that the defendant could not be convicted for both grand theft and dealing in the same stolen property. See Newland v. State, 739 So. 2d 168 (Fla. 5th DCA 1999); Burrell v. State, 601 So. 2d 628 (Fla. 2d DCA 1992). The trial court did not impose a sentence on the grand theft count, but a review of the record reveals the judgment for the conviction still stands. Accordingly, we reverse th…
Authorities Cited
- Rivera v. State, 728 So. 2d 1165 (Fla. 1998)
- O'Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997)
- Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997)
- Natoel v. Royal Caribbean Cruise, Ltd., 657 So. 2d 26 (Fla. 3d DCA 1995)
- Leone v. State, 657 So. 2d 26 (Fla. 5th DCA 1995)