MICHAEL S. TYLER vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: April 28, 2023
• Docket: 22-2412
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MICHAEL S. TYLER,

Appellant,

v. Case No. 5D22-2412 LT Case No. 2001-CF-001529-A

STATE OF FLORIDA,

Appellee.

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Opinion filed April 28, 2023

3.800 Appeal from the Circuit Court for Lake County, James R. Baxley, Judge.

Michael S. Tyler, Lowell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Apellee.

PER CURIAM.

Appellant appeals the trial court’s denial of his Florida Rule of Criminal

Procedure 3.800 motion for postconviction relief in Lake County Circuit Court Case No. 2001-CF-001529-A. We affirm the trial court’s order and caution

Appellant that abusive, repetitive, malicious, or frivolous filings directed to

Lake County Circuit Court Case No. 2001-CF-001529-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. (2019); State v. Spencer, 751 So. 2d 47

(Fla. 1999).

AFFIRMED; WARNING ISSUED.

EDWARDS, SOUD, and BOATWRIGHT, JJ., concur.