09-0626 CHARLES BROWN, JR., v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-0626

Case Date: 07/21/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHARLIE BROWN, JR., Appellant, v. STATE OF FLORIDA, Appellee. _______________________________/ Opinion filed July 21, 2009. An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge. Charlie Brown, Jr., pro se, Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-0626

ORDER IMPOSING SANCTIONS PER CURIAM. Appellee, State of Florida, moves for the imposition of sanctions against appellant, Charlie Brown, Jr., for excessive filings. Having now considered that motion and appellant's response thereto, we agree that such sanctions are warranted. Although Brown was resentenced in 1995 after this court reversed summary denial of postconviction relief, see Brown v. State, 662 So. 2d 1356 (Fla. 1st DCA 1995), he has continued his collateral attacks on his conviction and

sentence in both this court and others. Since that reversal, Brown has initiated 21 other challenges by appeal or original proceedings without meaningful result. We conclude that his filings in this court have required substantial expenditure of judicial and staff resources and interfered with the timely administration of justice in this tribunal. Appellant's response fails to demonstrate why the proposed

sanction should not be imposed. See Martin v. State, 833 So. 2d 756 (Fla. 2002); Attwood v. Eighth Circuit Court, Union County, 667 So. 2d 356 (Fla. 1st DCA 1995); Peterson v. State, 530 So. 2d 424 (Fla. 1st DCA 1988). It is accordingly ordered that Charlie Brown, Jr., shall secure the filing of a notice of appearance by a member in good standing of The Florida Bar in any active case other than this one in which he appears as appellant or petitioner. Failure to obtain such

representation within 20 days of the date of this order will result in dismissal of such proceedings. Further, the clerk of this court is directed to accept no further pro se filings from Brown; if received, they shall be returned to him without filing and with a reference to this order. IT IS SO ORDERED. DAVIS, BROWNING, and THOMAS, JJ., CONCUR.

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