DEFOREST L. KELLY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-10-13
No. 23-1085
Florida District Court of Appeal, Fifth District (2023)

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Holding

A trial court's denial of a Rule 3.800(a) motion for postconviction relief will be affirmed where the record supports the denial.


Headnotes

[1] A pro se litigant may be sanctioned for abusive, repetitive, malicious, or frivolous filings, including by imposition of a bar on pro se filing and referral to prison off…

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Facts & Procedural History

Deforest L. Kelly appealed a trial court's denial of his Rule 3.800(a) motion for postconviction relief in a criminal case from Brevard County.…

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Opinion of the Court

PER CURIAM.

Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in Brevard County Circuit Court Case No. 2011-CF-50130-BX. We affirm the trial court’s order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to Brevard County Circuit Court Case No. 2011-CF-50130-BX 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 § 944.279(1), Fla. Stat. (2023); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

AFFIRMED.

LAMBERT, JAY, and PRATT, JJ., concur.


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