Richard D. Smith v. Julie L. Jones, Sec., FL DOC

District Court of Appeal of Florida

Richard D. Smith v. Julie L. Jones, Sec., FL DOC

186 So. 3d 624

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 2016

Docket1D16-0040

StatusPublished

This text of 186 So. 3d 624 (Richard D. Smith v. Julie L. Jones, Sec., FL DOC) 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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Richard D. Smith v. Julie L. Jones, Sec., FL DOC, 186 So. 3d 624 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is dismissed as untimely and successive. See Fla. R. App. P. 9.141(d)(5) and (6)(C). ■

*625 Due to petitioner’s apparent abuse of the legal process by his repeated pro se filings attacking his conviction and sentence in Levy County Circuit Court case number 38-1999-CF-0491-A, this court issued an order directing petitioner to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999). Petitioner’s response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions.

As such, because petitioner’s continued and repeated attacks on his conviction and sentence have become an abuse of the legal process, we hold that he is barred from future pro se filings in. this court concerning Levy County Circuit Court ease number 38-1999-CF-0491-A. The Clerk of the Court is directed not to accept any future filings concerning this case unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2015). See Fla. R. App. P. 9.410.

ROWE, KELSEY, and WINOKUR, JJ., concur.

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PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is dismissed as untimely and successive. See Fla. R. App. P. 9.141(d)(5) and (6)(C). ■

*625 Due to petitioner’s apparent abuse of the legal process by his repeated pro se filings attacking his conviction and sentence in Levy County Circuit Court case number 38-1999-CF-0491-A, this court issued an order directing petitioner to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999). Petitioner’s response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions.

As such, because petitioner’s continued and repeated attacks on his conviction and sentence have become an abuse of the legal process, we hold that he is barred from future pro se filings in. this court concerning Levy County Circuit Court ease number 38-1999-CF-0491-A. The Clerk of the Court is directed not to accept any future filings concerning this case unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2015). See Fla. R. App. P. 9.410.

ROWE, KELSEY, and WINOKUR, JJ., concur.

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186 So. 3d 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-d-smith-v-julie-l-jones-sec-fl-doc-fladistctapp-2016.

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