Rollins v. State

75 So. 3d 393, 2011 Fla. App. LEXIS 18983, 2011 WL 5964358
Procedural entryThis page is a short order in Rollins v. State. Read the opinion of the Court — 997 So. 2d 1288
District Court of Appeal of Florida·Decided November 30, 2011·No. No. 4D10-3229·Published

Opinion

PER CURIAM.

The denial of appellant’s rule 3.800(a) motion is affirmed. The sentencing order does not state that she is ineligible for parole and her life sentence is not illegal. § 775.082(1), Fla. Stat. (1971); see also Wilkinson v. State, 889 So.2d 110 (Fla. 2d DCA 2004).

However, the trial court’s direction to the clerk not to accept further filings from appellant is reversed. Appellant was not given notice or an opportunity to be heard pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999), before imposing this sanction.

Affirmed in part; Reversed in part.

WARNER, POLEN and GROSS, JJ., concur.

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Rollins v. State, 75 So. 3d 393, 2011 Fla. App. LEXIS 18983, 2011 WL 5964358 (Fla. Ct. App. 2011).

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Related

State v. Spencer
751 So. 2d 47 (Supreme Court of Florida, 1999)
Wilkinson v. State
889 So. 2d 110 (District Court of Appeal of Florida, 2004)