Robert Gorham v. State

District Court of Appeal of Florida

Robert Gorham v. State

142 So. 3d 905, 2014 WL 2957281, 2014 Fla. App. LEXIS 10130

District Court of Appeal of Florida·Decided July 2, 2014·No. 4D14-823·Published·Cited by 1 cases

Opinion

*906 PER CURIAM.

We affirm the trial court’s order dismissing the habeas corpus petition 1 filed by appellant. Appellant included a challenge to the information, which overlaps with and is similar to a claim of ineffective assistance of trial counsel raised in his earlier motion for postconviction relief, the denial of which this court affirmed in Gorham v. State, 126 So.3d 1066 (Fla. 4th DCA 2013). Appellant is therefore cautioned against the filing of frivolous post-conviction challenges or appeal filings in this case, which will result in sanctions including referral to prison officials for disciplinary proceedings and/or a prohibition against pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla. 1999).

Affirmed; appellant cautioned against frivolous filings.

STEVENSON, LEVINE and FORST, JJ., concur.

1

. Because the circuit court construed the petition pursuant to rule 3.850(m), we treat this appeal as a rule 3.850 summary denial,

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*906 PER CURIAM.

We affirm the trial court’s order dismissing the habeas corpus petition 1 filed by appellant. Appellant included a challenge to the information, which overlaps with and is similar to a claim of ineffective assistance of trial counsel raised in his earlier motion for postconviction relief, the denial of which this court affirmed in Gorham v. State, 126 So.3d 1066 (Fla. 4th DCA 2013). Appellant is therefore cautioned against the filing of frivolous post-conviction challenges or appeal filings in this case, which will result in sanctions including referral to prison officials for disciplinary proceedings and/or a prohibition against pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla. 1999).

Affirmed; appellant cautioned against frivolous filings.

STEVENSON, LEVINE and FORST, JJ., concur.

1

. Because the circuit court construed the petition pursuant to rule 3.850(m), we treat this appeal as a rule 3.850 summary denial,

Robert Gorham v. State, 142 So. 3d 905, 2014 WL 2957281, 2014 Fla. App. LEXIS 10130 (Fla. Ct. App. 2014).

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