ALBERTO R. ALGABA
v.
STATE OF FLORIDA
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A trial court must issue an order to show cause and allow a defendant an opportunity to respond before barring pro se filings as a sanction.
[1] A trial court must issue an order to show cause and allow a defendant an opportunity to respond before barring further pro se filings.
[2] A trial court's order barring a defendant from filing further pro se motions without affording procedural due process under State v. …
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Court's statement of the required procedure under State v. Spencer
Algaba appealed a circuit court order denying his Rule 3.850 motion to correct an illegal sentence and prohibiting any further pro se motions. The tri…
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PER CURIAM.
Appellant, Alberto Ramos Algaba, appeals the order summarily denying his Florida Rule of Criminal Procedure 3.850 motion to correct an illegal sentence and barring him from filing any further pro se motions. We affirm the denial of rule 3.850 relief without discussion. We reverse the trial court’s order barring Appellant from further pro se filings.
Appellant argues that the trial court improperly barred him from any further pro se filings before issuing an order to show cause and allowing him an opportunity to respond pursuant to State v. Spencer, 751 So. 2d 47 (Fla. 1999).1 We agree that the trial court erred in imposing sanctions because it appears from the record that Appellant was not afforded procedural due process under Spencer. That case mandates that the trial court issue an order to show cause and allow the defendant to respond before considering sanctions. Id. at 48; see also Fla. R. Crim. P. 3.850(n)(3).
The State correctly concedes that Appellant is entitled to an opportunity to respond. Thus, we reverse the trial court’s order barring Appellant from further pro se filings and remand for the trial court to follow the procedure required by State v. Spencer. Affirmed in part, reversed in part, and remanded with instructions. MAY, CIKLIN and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.