Gonzalez v. State

Full title: MILTON J. GONZALEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Aug 13, 2021

No. 5D21-729 (Fla. Dist. Ct. App. Aug. 13, 2021)

Opinion

5D21-729

08-13-2021

MILTON J. GONZALEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Milton J. Gonzalez, Raiford, pro se. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

3.800 Appeal from the Circuit Court for Marion County, Lisa D. Herndon, Judge.

Milton J. Gonzalez, Raiford, pro se.

Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant appeals the trial court's denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in Marion County Circuit Court Case No. 2009-CF-0001. We affirm the postconviction court's order and caution Gonzalez that abusive, repetitive, malicious, or frivolous filings directed to Marion County Circuit Court Case No. 2009-CF-0001 may result in sanctions such as a bar on pro se filings in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So.2d 47 (Fla. 1999).

AFFIRMED; PRO SE CAUTIONED.

EISNAUGLE, HARRIS, and SASSO, JJ., concur.