DEFOREST L. KELLY vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: October 13, 2023
• Docket: 23-1085
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D23-1085 LT Case No. 2011-CF-50130-BX _____________________________

DEFOREST L. KELLY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Brevard County. Charles G. Crawford, Judge.

Deforest L. Kelly, Milton, pro se.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

October 13, 2023

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.

_____________________________

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