JERRY L. GREEN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-07-17
No. 20-0059
Christensen, J., Wallis, J., Lambert, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A trial court's denial of a Rule 3.800 postconviction relief motion is affirmed when the motion lacks merit.


Headnotes

[1] A trial court may impose sanctions, including a bar on pro se filing and referral for prison disciplinary proceedings, against a defendant who files abusive, repetitive,…

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Facts & Procedural History

Jerry L. Green appealed the denial of his Florida Rule of Criminal Procedure 3.800 motion for postconviction relief in a criminal case from Putnam Cou…

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Opinion of the Court
Traver

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

JERRY L. GREEN,

Appellant,

v. Case No. 5D20-59

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed July 17, 2020

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

Jerry L. Green, Raiford, pro se.

Ashley Moody, Attorney General, Tallahassee, and Carmen L. Corrente, 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 motion for postconviction relief in Putnam County Circuit Court Case No. 1997- 1881-CF-53. We affirm the trial court’s order and caution him that abusive, repetitive, malicious, or frivolous filings directed to Putnam County Circuit Court Case No. 1997- 1881-CF-53 may result in sanctions such as a bar on pro se filing in this Court and referral

2 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 (Fla. 1999).

AFFIRMED.

WALLIS, LAMBERT and TRAVER, JJ., concur.


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