Carlos A. Cajigas Cortes v. State

District Court of Appeal of Florida

Carlos A. Cajigas Cortes v. State

144 So. 3d 632, 2014 WL 3843201, 2014 Fla. App. LEXIS 12029

CourtDistrict Court of Appeal of Florida

DecidedAugust 6, 2014

Docket4D14-2142

StatusPublished

This text of 144 So. 3d 632 (Carlos A. Cajigas Cortes v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carlos A. Cajigas Cortes v. State, 144 So. 3d 632, 2014 WL 3843201, 2014 Fla. App. LEXIS 12029 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We affirm the trial court order denying appellant’s habeas corpus petition, in which he asked to file a belated rule 3.850 motion for post-conviction relief. Appellant also sought a belated appeal, which is not properly requested in the trial court. The request must be filed in the appellate court by timely petition under Florida Rule of Appellate Procedure 9.141(c). However, appellant has filed two such petitions in this court and they have been dismissed by orders as deficient and untimely in case numbers 4D13-4011 and 4D13-4656. Thus, to the extent he intends this appeal to be a petition for belated appeal, it is also dismissed as untimely.

Appellant is cautioned against the filing of future frivolous post-conviction or appellate filings in this case, as such filings will result in sanctions including referral to prison officials for disciplinary proceedings and/or a prohibition against pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla.1999).

Affirmed; appellant cautioned against frivolous filings.

STEVENSON, GERBER and KLINGENSMITH, JJ., concur.

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PER CURIAM.

We affirm the trial court order denying appellant’s habeas corpus petition, in which he asked to file a belated rule 3.850 motion for post-conviction relief. Appellant also sought a belated appeal, which is not properly requested in the trial court. The request must be filed in the appellate court by timely petition under Florida Rule of Appellate Procedure 9.141(c). However, appellant has filed two such petitions in this court and they have been dismissed by orders as deficient and untimely in case numbers 4D13-4011 and 4D13-4656. Thus, to the extent he intends this appeal to be a petition for belated appeal, it is also dismissed as untimely.

Appellant is cautioned against the filing of future frivolous post-conviction or appellate filings in this case, as such filings will result in sanctions including referral to prison officials for disciplinary proceedings and/or a prohibition against pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla.1999).

Affirmed; appellant cautioned against frivolous filings.

STEVENSON, GERBER and KLINGENSMITH, JJ., concur.

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144 So. 3d 632, 2014 WL 3843201, 2014 Fla. App. LEXIS 12029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlos-a-cajigas-cortes-v-state-fladistctapp-2014.

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