Butler v. State

Full title: JAMES KNOWLE BUTLER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 12, 2000

25 Fla. L. Weekly Fed. D 928 (Fla. Dist. Ct. App. 2000)

25 Fla. L. Weekly Fed. D 928

758 So. 2d 719

Opinion

758 So.2d 720 (Fla.App. 4 Dist. 2000) 25 Fla. L. Weekly D 928 JAMES KNOWLE BUTLER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D00-657 Florida Court of Appeals, Fourth District. April 12, 2000

       Rehearing Denied May 22, 2000.

       Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. Case No. 91-10894 CFA02.

       James Knowle Butler, Indiantown, pro se.

       No appearance required for appellee.

       PER CURIAM.

       We affirm the trial court's decision denying Butler's rule 3.850 motion as successive. See Fla. R. Crim. P. 3.850(f). We also affirm the trial court's bar against Butler filing future pleadings which raise issues that were or should have been raised on appeal or in prior post-conviction proceedings. See Johnson v. State, 742 So.2d 323 (Fla. 4th DCA 1999); Prince v. State, 719 So.2d 346 (Fla. 4th DCA), rev. denied, 732 So.2d 328 (Fla. 1998). However, based on the record before this court, we find that the trial court went too far in barring Butler from filing any more pro se pleadings whatsoever in his case.

       Affirmed in part; reversed in part.

       WARNER, C.J., STONE and STEVENSON, JJ., concur.