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Barnes v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 9, 2021
313 So. 3d 1218 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D21-309

04-09-2021

Eugene BARNES, Appellant, v. STATE of Florida, Appellee.

Eugene Barnes, Orlando, pro se. No Appearance for Appellee.


Eugene Barnes, Orlando, pro se.

No Appearance for Appellee.

PER CURIAM. Appellant appeals the postconviction court's denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in Marion County Circuit Court Case No. 1999–CF–4040, raising the same claim this Court rejected in 2019. Barnes v. State, 274 So. 3d 385 (Fla. 5th DCA 2019). We affirm the postconviction court's order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to Marion County Circuit Court Case No. 1999–CF–4040 may result in sanctions such as a bar on pro se filing 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; APPELLANT CAUTIONED.

WALLIS, EDWARDS, and HARRIS, JJ., concur.


Summaries of

Barnes v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 9, 2021
313 So. 3d 1218 (Fla. Dist. Ct. App. 2021)
Case details for

Barnes v. State

Case Details

Full title:EUGENE BARNES, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Apr 9, 2021

Citations

313 So. 3d 1218 (Fla. Dist. Ct. App. 2021)