Opinion
No. 2D99-1160.
Opinion filed April 12, 2000.
Appeal from the Circuit Court for Pasco County, Maynard F. Swanson, Jr., Judge.
John Everett Pettway, Pro Se, Sneads, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia A. McCarthy, Assistant Attorney General, Tampa, for Appellee.
We affirm the trial court's order denying Pettway's motion to correct an illegal sentence and prohibiting Pettway from filing future pro-se pleadings that attack his conviction and sentence. Although the Florida Supreme Court, in State v. Spencer, 24 Fla. L. Weekly S433 (Fla. Sept. 23, 1999), held that a trial court must provide a pro se litigant notice and an opportunity to respond before restricting future pro se pleadings attacking a conviction or sentence, it also held that its ruling was prospective, and did not disapprove this court's ruling inHuffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). See Spencer, 24 Fla. L. Weekly at S433. Accordingly, we hold that the trial court did not err in its ruling.
FULMER, A.C.J., CASANUEVA and DAVIS, JJ., Concur.