ANTONIO WELCH
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-03-01
No. 18-3550
Marques, J., Edwards, J., Eisnaugle, J., Harris, J.
266 So. 3d 1245 Florida District Court of Appeal, Fifth District (2019)

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Holding

A trial court's denial of a Rule 3.800(a) postconviction relief motion is affirmed when properly decided.


Headnotes

[1] A trial court may impose sanctions including a bar on pro se filing and referral for prison disciplinary proceedings for abusive, repetitive, malicious, or frivolous post…

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Facts & Procedural History

Antonio Welch appealed the trial court's denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in an Orange Count…

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ANTONIO WELCH,

Appellant,

v. Case No. 5D18-3550

STATE OF FLORIDA,

CORRECTED

Appellee.

________________________________/

Opinion filed March 1, 2019

3.800 Appeal from the Circuit Court for Orange County, Leticia J. Marques, Judge.

Antonio Welch, Clermont, pro se.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in Orange County Circuit Court Case No. 2008- CF-000699-AO. We affirm the trial court's order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to the identified lower court case number may result in sanctions such as a bar on pro se filing in this Court and referral to prison

2 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).

AFFIRMED.

EDWARDS, EISNAUGLE, and HARRIS, JJ., concur.


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