ROBERT WASHINGTON
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-02-07
No. 17-3513
Bober, J., Gerber, C.J., May, J., Levine, J.
Florida District Court of Appeal, Fourth District (2018)

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Holding

A trial court properly denies a successive and untimely rule 3.850 motion and may sanction a pro se litigant by prohibiting future filings unless signed by a Florida Bar member.


Headnotes

[1] A trial court may sanction a pro se litigant by prohibiting future filings unless signed by a member of the Florida Bar under Florida Rule of Criminal Procedure 3.850(n).

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Facts & Procedural History

Robert Washington appealed the denial of his rule 3.850 motion and a trial court order prohibiting him from filing future pro se pleadings unless sign…

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Opinion of the Court
Gerber

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ROBERT WASHINGTON, Appellant,

v.

STATE OF FLORIDA, Appellee.

Nos. 4D17-3513 and 4D17-3514

[February 7, 2018]

Consolidated appeals of orders denying rule 3.850 motions from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Bernard Bober, Judge; L.T. Case Nos. 97-3884CF10A and 97-4713CFA.

Robert Washington, Indiantown, pro se.

No appearance required for appellee.

PER CURIAM.

Robert Washington appeals the denial of his rule 3.850 motion, as well as the trial court’s order prohibiting him from filing future pro se pleadings unless signed by a member of the Florida Bar. We sua sponte consolidate the cases for review and affirm both orders. The trial court properly treated Washington’s habeas petition as a successive and untimely rule 3.850 motion. Further, the trial court did not abuse its discretion when it issued the sanction order barring further pro se filings from Washington. See Fla. R. Crim. P. 3.850(n).

Affirmed.

GERBER, C.J., MAY and LEVINE, JJ., concur.

* * *


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