Smith v. State

Full title: Eugene B. Smith, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jun 29, 2022

No. 1D21-3120 (Fla. Dist. Ct. App. Jun. 29, 2022)

Opinion

1D21-3120

06-29-2022

Eugene B. Smith, Appellant, v. State of Florida, Appellee.

Eugene B. Smith, pro se, Appellant. Ashley Moody, 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 Okaloosa County. Michael A. Flowers, Judge.

Eugene B. Smith, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. Appellant is cautioned 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 or facility of the Florida Department of Corrections for disciplinary procedures. See § 944.279(1), Fla. Stat. (2021) (providing that "[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . or to have brought a frivolous or malicious collateral criminal proceeding . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections").

RAY, OSTERHAUS, and M. K THOMAS, JJ, concur