LARRY BRINSON
v.
STATE OF FLORIDA
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A trial court properly denies appointment of counsel to an inmate who was previously sanctioned under State v. Spencer and barred from filing further pro se pleadings in the underlying postconviction case.
[1] A trial court is not required to permit the filing of a motion for appointment of counsel by a pro se litigant who has been previously sanctioned under State v. …
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Join FLexlaw to unlock all legal intelligenceLarry Brinson, an inmate at Raiford, sought appointment of counsel to pursue another motion for postconviction relief in a criminal case. He had previ…
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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
Case No. 5D19-2552 LARRY BRINSON, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 10, 2020 Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge. Larry Brinson, Raiford, pro se. Ashley Moody, Attorney General, Tallahassee, and, Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant appeals the trial court’s denial of his motion for appointment of counsel to pursue yet another motion seeking postconviction relief in St. Johns County Circuit Court Case No. CF06-1283. We note that Appellant was previously sanctioned by the underlying circuit court in accordance with State v. Spencer, 751 So. 2d 47 (Fla. 1999), and was supposedly barred from filing further pro se pleadings in that court related to this
2 case. Thus, the circuit court was not required to permit the filing of Appellant’s motion for appointment of counsel. We affirm the trial court’s order denying appointment of counsel and caution him that abusive, repetitive, malicious, or frivolous filings directed to St. Johns County Circuit Court Case No. CF06-1283 may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See Spencer, 751 So. 2d at 48.
AFFIRMED.
ORFINGER, EDWARDS, and HARRIS, JJ., concur.