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Lawton v. State

District Court of Appeal of Florida, First District
Jun 23, 2010
37 So. 3d 903 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D09-5583.

May 6, 2010. Rehearing Denied June 23, 2010.

An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge.

Burke Lawton, pro se, Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.


We affirm the denial of appellant's four postconviction motions. However, the lower court also entered an order barring any further pro se pleadings. If a court wishes to bar a defendant from filing further pro se motions, it must issue a show cause order to provide the defendant with notice and an opportunity to respond. See State v. Spencer, 751 So.2d 47 (Fla. 1999). Accordingly, we reverse the lower court's order barring pro se pleadings, and remand for the court to comply with the requirements of Spencer.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED.

HAWKES, C.J., VAN NORTWICK and THOMAS, JJ., concur.


Summaries of

Lawton v. State

District Court of Appeal of Florida, First District
Jun 23, 2010
37 So. 3d 903 (Fla. Dist. Ct. App. 2010)
Case details for

Lawton v. State

Case Details

Full title:Burke LAWTON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 23, 2010

Citations

37 So. 3d 903 (Fla. Dist. Ct. App. 2010)