Charles Givens v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: November 22, 2024
• Docket: 5D2024-0327
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-0327 LT Case No. 2012-CF-001065 _____________________________

CHARLES GIVENS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Lake County. Heidi Davis, Judge.

Charles Givens, Bushnell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

November 22, 2024

PER CURIAM.

This Court affirms the trial court’s order denying Appellant’s petition for writ of mandamus and has previously affirmed three separate motions for postconviction relief in Lake County Circuit Court Case No. 2012-CF-001065. Because it appears that Appellant’s postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further pro se filings in this Court, asserting claims stemming from Lake County Circuit Court Case No. 2012-CF-001065, 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. (2024); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

AFFIRMED; APPELLANT CAUTIONED.

MAKAR, BOATWRIGHT, and MACIVER, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________