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Duhart v. State

District Court of Appeal of Florida, Fifth District.
Oct 26, 2012
99 So. 3d 995 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D12–2013.

2012-10-26

Fred D. DUHART, Jr., Appellant, v. STATE of Florida, Appellee.

3.800 Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge. Fred D. Duhart, Jr., Miami, pro se. No Appearance for Appellee.


3.800 Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge.
Fred D. Duhart, Jr., Miami, pro se. No Appearance for Appellee.

ON ORDER TO SHOW CAUSE


PER CURIAM.

After affirming the order denying Appellant, Fred D. Duhart, Jr.'s, motion to correct illegal sentence, this Court issued an order directing Duhart to show cause why he should not be barred from further pro se filings in this Court. See generally State v. Spencer, 751 So.2d 47 (Fla.1999). However, Duhart filed no response to our show cause order. As this was Duhart's sixth meritless pro se post conviction appeal in this Court attacking his judgments or sentences in Orange County Case Nos.1991–CF–318 and 1991–CF–3338, we conclude that Duhart is abusing the judicial process and should be barred from further pro se filings.

We now prohibit Fred D. Duhart, Jr., from filing with this Court any more pro se petitions or appeals concerning Orange County Case Nos.1991–CF–318 and 1991–CF–3338. The Clerk of this Court is directed not to accept any further pro se papers from Duhart that violate this prohibition. Any additional petitions or notices of appeal regarding this case will be accepted only if signed by a member in good standing with The Florida Bar. See Floyd v. State, 62 So.3d 1228 (Fla. 5th DCA 2011).

Future pro se filings PROHIBITED; CERTIFIED opinion forwarded to Department of Corrections.

ORFINGER, C.J., TORPY and JACOBUS, JJ., concur.


Summaries of

Duhart v. State

District Court of Appeal of Florida, Fifth District.
Oct 26, 2012
99 So. 3d 995 (Fla. Dist. Ct. App. 2012)
Case details for

Duhart v. State

Case Details

Full title:Fred D. DUHART, Jr., Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Oct 26, 2012

Citations

99 So. 3d 995 (Fla. Dist. Ct. App. 2012)