ROBERT GORHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the trial court’s order dismissing the habeas corpus petition1 filed by appellant. Appellant included a challenge to the information, which overlaps with and is similar to a claim of ineffective assistance of trial counsel raised in his earlier motion for postconviction relief, the denial of which this court affirmed in Gorham v. State, 126 So.3d 1066 (Fla. 4th DCA 2013). Appellant is therefore cautioned against the filing of frivolous post-conviction challenges or appeal filings in this case, which will result in sanctions including referral to prison officials for disciplinary proceedings and/or a prohibition against pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla. 1999).
Affirmed; appellant cautioned against frivolous filings.
STEVENSON, LEVINE and FORST, JJ., concur.
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Gorham v. Fla. Dep't of Corr. (S.D. Fla. 2020)…ging the adequacy of the amended information on the burglary charge, and the sufficiency of the jury instructions on the burglary count. The state trial court dismissed his petition and the Fourth District Court of Appeal affirmed. Gorham v. State, 142 So. 3d 905 (Fla. 4th DCA 2014). B. Federal Habeas Proceedings After exhausting his state court remedies, Gorham filed the instant petition for habeas corpus under 28 U.S.C.§ 2254 raising the following claims: Claim 1: Ineffective assistance of counsel for…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)