JAMES BRANDON SMITH
v.
STATE OF FLORIDA
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The trial court properly denied appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief.
[1] A trial court may impose sanctions including a bar on future pro se filings and referral to prison officials for disciplinary proceedings against a party who files abusiv…
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Join FLexlaw to unlock all legal intelligenceJames Brandon Smith appealed the denial of his Rule 3.850 postconviction relief motion in an Orange County criminal case from 2011.…
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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
JAMES BRANDON SMITH,
Appellant,
v. Case No. 5D19-3188
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 21, 2020
3.850 Appeal from the Circuit Court for Orange County, Elaine A. Barbour, Judge.
James Brandon Smith, Clermont, pro se.
Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in Orange County Circuit Court Case No. 2011-CF- 015915-A-O. We affirm the trial court’s order and caution him that abusive, repetitive, malicious, or frivolous filings directed to Orange County Circuit Court Case No. 2011-CF- 015915-A-O may result in sanctions such as a bar on future pro se filings in this court and
2 referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).
AFFIRMED.
COHEN, EDWARDS, and GROSSHANS, JJ., concur.