Pettway v. State

District Court of Appeal of Florida

Pettway v. State

760 So. 2d 203, 2000 Fla. App. LEXIS 4218, 2000 WL 367731

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 2000

DocketNo. 2D99-1160

StatusPublished

This text of 760 So. 2d 203 (Pettway v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pettway v. State, 760 So. 2d 203, 2000 Fla. App. LEXIS 4218, 2000 WL 367731 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We affirm the trial court’s order denying Pettway’s motion to correct an illegal sentence and prohibiting Pettway from filing future pro-se pleadings that attack his conviction and sentence. Although the Florida Supreme Court, in State v. Spencer, 751 So.2d 47 (Fla.1999), held that a trial court must provide a pro se litigant notice and an opportunity to respond before restricting future pro se pleadings attacking a conviction or sentence, it also held that its ruling was prospective, and did not disapprove this court’s ruling in Huffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). See Spencer, 751 So.2d at 47. Accordingly, we hold that the trial court did not err in its ruling.

FULMER, A.C.J., CASANUEVA and DAVIS, JJ., Concur.

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PER CURIAM.

We affirm the trial court’s order denying Pettway’s motion to correct an illegal sentence and prohibiting Pettway from filing future pro-se pleadings that attack his conviction and sentence. Although the Florida Supreme Court, in State v. Spencer, 751 So.2d 47 (Fla.1999), held that a trial court must provide a pro se litigant notice and an opportunity to respond before restricting future pro se pleadings attacking a conviction or sentence, it also held that its ruling was prospective, and did not disapprove this court’s ruling in Huffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). See Spencer, 751 So.2d at 47. Accordingly, we hold that the trial court did not err in its ruling.

FULMER, A.C.J., CASANUEVA and DAVIS, JJ., Concur.

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Bluebook (online)

760 So. 2d 203, 2000 Fla. App. LEXIS 4218, 2000 WL 367731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettway-v-state-fladistctapp-2000.

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