Opinion
No. 99-2608.
Opinion filed November 17, 1999.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. No. 94-13148 CFA02.
Felix A. Smith, Lake City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the portion of the trial court's order that summarily denied Felix Smith's successive Rule 3.850 motion for post-conviction relief. Within its order the trial court prohibited Smith from filing any future pro se pleadings in the case, and cautioned him that such pleadings could expose him to the loss of gain time.
The portion of the order prohibiting any future filings by Smith is stricken as overbroad. We note that the trial court may limit the order to prohibit Smith from any future filings consistent with the supreme court's recent decision in State v. Spencer, 24 Fla. L. Weekly S433 (Fla. Sept. 23, 1999).
GUNTHER, KLEIN and SHAHOOD, JJ., concur.