Simpkins v. State

Full title: Brian S. Simpkins, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Aug 9, 2021

No. 1D20-3482 (Fla. Dist. Ct. App. Aug. 9, 2021)

Opinion

1D20-3482

08-09-2021

Brian S. Simpkins, Appellant, v. State of Florida, Appellee.

Brian S. Simpkins, pro se, Appellant. Ashley Moody, Attorney General, and Jovona I. Parker, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

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 Duval County. Mark Borello, Judge.

Brian S. Simpkins, pro se, Appellant.

Ashley Moody, Attorney General, and Jovona I. Parker, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. Appellant is warned 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 as provided in section 944.279, Florida Statutes (2019) (providing that "[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal" is subject to disciplinary procedures pursuant to the rules of the Department of Corrections).

BILBREY and NORDBY, JJ., concur; B.L. THOMAS, J., dissents without opinion.