Opinion
1D2023-1815
06-12-2024
Frank A.L. Mosley, Appellant, v. State of Florida, Appellee.
Frank A.L. Mosley, pro se, Appellant. Ashley Moody, Attorney General, and Kristie Regan, Assistant Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Santa Rosa County. Clifton A. Drake, Judge.
Frank A.L. Mosley, pro se, Appellant.
Ashley Moody, Attorney General, and Kristie Regan, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
AFFIRMED. This Court's records reflect that, along with this appeal from an order denying his postconviction motion filed under Florida Rule of Criminal Procedure 3.800(a), Frank A.L. Moseley has filed at least four other postconviction appeals or petitions in this Court related to Santa Rosa County Circuit Court case number 2007-CF-0448:
• Mosley v. State, 162 So.3d 281 (Fla. 1st DCA 2015) (denying petition alleging ineffective assistance of appellate counsel);
• Mosley v. State, 310 So.3d 394 (Fla. 1st DCA 2021), (affirming order denying rule 3.850 motion);
• Mosley v. State, 371 So.3d 925 (Fla. 1st DCA 2023) (affirming order denying rule 3.800 motion);
• Mosley v. State, 371 So.3d 927 (Fla. 1st DCA 2023) (affirming order denying rule 3.800 motion).
These cases reveal a history of filing repetitious and frivolous claims. The court warns Mosley that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures See § 944279, Fla Stat (2023); Ferris v State, 100 So.3d 142, 144 (Fla 1st DCA 2012) (Wetherell, J, concurring) ("[T]here comes a point after which a defendant's use of the appellate process to continue to litigate postconviction claims becomes an abuse of the process").
OSTERHAUS, C.J., and ROWE and LONG, JJ., concur.