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Davis v. State

District Court of Appeal of Florida, Fifth District
Apr 4, 2003
844 So. 2d 669 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 5D03-410.

Opinion filed April 4, 2003. Rehearing denied May 13, 2003.

3.850 Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge.

Jeffrey Davis, Orlando, pro se.

No Appearance for Appellee.


Jeffrey Davis appeals the summary denial of his sixth postconviction motion or petition. We affirm the denial of his latest motion as frivolous and meritless. In the present case, the trial court observed:

In the past eleven months, Defendant has filed two motions pursuant to Rule 3.850 and two others pursuant to Rule 3.800(a). None has had merit. At some point, "enough is enough." Werts v. State, 722 So.2d 982 (Fla. 5th DCA 1999) (prohibiting defendant who had filed five Rule 3.800(a) motions from filing further pro se pleadings). Defendant is rapidly approaching that point.

We agree. See, e.g., Rahymes v. State, 730 So.2d 420 (Fla. 5th DCA),appeal dismissed, 733 So.2d 516 (Fla. 1999); Werts v. State, 722 So.2d 982 (Fla. 5th DCA 1999); Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995). Defendant is warned that filing any additional successive and frivolous pro se petitions or appeals attacking his convictions and sentences in Ninth Judicial Circuit Court Case No. 00-7844-CF will result in the issuance of an order to show cause why he should not be denied further access to this court. See State v. Spencer, 751 So.2d 47 (Fla. 1999).

AFFIRMED.

PLEUS and ORFINGER, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Fifth District
Apr 4, 2003
844 So. 2d 669 (Fla. Dist. Ct. App. 2003)
Case details for

Davis v. State

Case Details

Full title:JEFFREY DAVIS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 4, 2003

Citations

844 So. 2d 669 (Fla. Dist. Ct. App. 2003)