Japo v. State

218 So. 3d 961, 2017 WL 519358, 2017 Fla. App. LEXIS 1523

• Court: District Court of Appeal of Florida
• Decided: February 8, 2017
• Docket: 3D16-2138
• Status: Published

Opinion

ON THIS COURT’S ORDER TO SHOW CAUSE

PER CURIAM.

On November 16, 2016, we affirmed per curiam Mr. Japo’s appeal of the trial court’s order denying his motion for post-conviction relief. At that same time, we issued an order directing Mr. Japo to show cause why this court should not prohibit him from submitting further pro se appeals, petitions, motions or other pleadings regarding case number F90-29389C unless such pleadings are signed by an attorney who is a duly licensed member of The Florida Bar in good standing.

Including the instant appeal, Mr. Japo has filed at least eleven postconviction appeals or original petitions related to his conviction and sentence in lower tribunal Case No. 90-29389C. 1 Each of these appeals was either successive, time-barred, or otherwise wholly without merit. In his response to this court’s order, Mr. Japo has failed to show cause why we should not prohibit him from proceeding pro se and we find that the actions of Mr. Japo constitute an abuse of the postconviction process.

We therefore direct the clerk of this court not to accept any appeals, petitions, motions or other pleadings regarding case number F90-29389C, unless such pleadings are signed by an attorney who is a duly licensed member of The Florida Bar in good standing.

1 . See 3D98-3245; 3D00-2099; 3D01-1819; 3D04—1252; 3D05-2497; 3D09-2310; 3D09-3192; 3D12-3225; 3D15-644; 3D15-1786. In a twelfth proceeding (3D05-2224), Mr. Japo filed a pro se petition for belated appeal; we granted the petition for belated appeal and subsequently affirmed the trial court’s order per curiam in 3D05-2497.