Everett James Brooks v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: August 16, 2024
• Docket: 2024-0634
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2024-0634 LT Case No. 2011-CF-7086-A _____________________________

EVERETT JAMES BROOKS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

3.850 Appeal from the Circuit Court for Duval County. Mark J. Borello, Judge.

Everett James Brooks, Cross City, pro se.

Ashley Moody, Attorney General, Tallahassee, and Michael Schaub, Assistant Attorney General, Tallahassee, for Appellee.

August 16, 2024

PER CURIAM.

Appellant appeals the trial court’s denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in Duval County Circuit Court Case No. 2011-CF-7086-A. We affirm the trial court’s order and caution him that abusive, repetitive, malicious, or frivolous filings directed to Duval County Circuit Court Case No. 2011-CF-7086-A 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. (2020); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

AFFIRMED; APPELLANT CAUTIONED.

EDWARDS, C.J., and WALLIS and BOATWRIGHT, JJ., concur.

_____________________________

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