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Smith v. State

District Court of Appeal of Florida, First District.
Apr 29, 2016
190 So. 3d 229 (Fla. Dist. Ct. App. 2016)

Opinion

No. 1D16–1416.

04-29-2016

Eugene SMITH, Petitioner, v. STATE of Florida, Respondent.

Eugene Smith, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.


Eugene Smith, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of habeas corpus is dismissed. Baker v. State, 878 So.2d 1236 (Fla.2004).

Petitioner is warned that any further pro se challenges to the judgment and sentence in Escambia County Circuit Court case number 2003–CF–002748–A which are determined by this court to be frivolous or successive, may result in the imposition of sanctions against him, including a prohibition against any future filings unless petitioner is represented by an attorney in good standing with The Florida Bar. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999) (recognizing the potential for abuse of the right to pro se access to the courts but declaring “it is important for courts to first provide notice and an opportunity to respond before preventing that litigant from bringing further attacks on his or her conviction and sentence”); Butler v. State, 953 So.2d 12, 13 (Fla. 5th DCA 2007) (requiring a Spencer order before barring either future pro se pleadings or imposing other sanctions).

ROBERTS, C.J., LEWIS and RAY, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District.
Apr 29, 2016
190 So. 3d 229 (Fla. Dist. Ct. App. 2016)
Case details for

Smith v. State

Case Details

Full title:Eugene SMITH, Petitioner, v. STATE of Florida, Respondent.

Court:District Court of Appeal of Florida, First District.

Date published: Apr 29, 2016

Citations

190 So. 3d 229 (Fla. Dist. Ct. App. 2016)