LARRY THOMPSON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-10-02
No. 20-1192
Recksiedler, J., Wallis, J., Lambert, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

The trial court properly denied Thompson's Florida Rule of Criminal Procedure 3.853 motion for postconviction relief.


Headnotes

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

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Facts & Procedural History

Thompson appealed the trial court's denial of his Rule 3.853 postconviction relief motion in a case from 1988. The appeal concerns the same underlying…

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Opinion of the Court
Edwards

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

LARRY THOMPSON,

Appellant,

v. Case No. 5D20-1192

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed October 2, 2020

3.853 Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge.

Larry Thompson, Daytona Beach, pro se.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Mathews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.853 motion for postconviction relief in Seminole County Circuit Court Case No. 1988- CF-2666. We affirm the trial court’s order and caution him that abusive, repetitive, malicious, or frivolous filings directed to Seminole County Circuit Court Case No. 1988- CF-2666 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 EDWARDS, JJ., concur.


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