DALE GREEN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-04-09
No. 19-3478
Christensen, J., Cohen, J., Lambert, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

The trial court properly denied appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief.


Headnotes

[1] A trial court may impose sanctions including a bar on pro se filings and referral to prison officials for disciplinary proceedings when a defendant files abusive, repetit…

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Facts & Procedural History

Dale Green appealed the denial of his Rule 3.850 postconviction relief motion in a criminal case from Putnam County Circuit Court.…

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Opinion of the Court
Eisnaugle

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

DALE GREEN,

Appellant,

v. Case No. 5D19-3478

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed April 9, 2020

3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge.

Dale Green, Lowell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, 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 Putnam County Circuit Court Case No. 2008-CF- 1908. 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 filings in this Court and referral to prison officials for

2 disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

AFFIRMED.

COHEN, LAMBERT and EISNAUGLE, JJ., concur.


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