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Avery v. State

Florida Court of Appeals, Fifth District
Dec 30, 2022
No. 5D22-2154 (Fla. Dist. Ct. App. Dec. 30, 2022)

Opinion

5D22-2154

12-30-2022

ARTHUR AVERY, Appellant, v. STATE OF FLORIDA, Appellee.

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


3.800 Appeal from the Circuit Court for Orange County LT Case No. 2012-CF-8523, Renee A. Roche, Judge.

Arthur Avery, Daytona Beach, pro se.

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

PER CURIAM

This court previously affirmed the trial court's order(s) denying Appellant's motion for postconviction relief in Orange County Circuit Court Case No. 2012-CF-8523. Because it appears that Appellant's postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further pro se filings in this court asserting claims stemming from Orange County Circuit Court Case No. 2012-CF-8523 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, 48 (Fla. 1999).

APPELLANT CAUTIONED.

SASSO, TRAVER and NARDELLA, JJ., concur.


Summaries of

Avery v. State

Florida Court of Appeals, Fifth District
Dec 30, 2022
No. 5D22-2154 (Fla. Dist. Ct. App. Dec. 30, 2022)
Case details for

Avery v. State

Case Details

Full title:ARTHUR AVERY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Dec 30, 2022

Citations

No. 5D22-2154 (Fla. Dist. Ct. App. Dec. 30, 2022)