09-5583 BURKE LAWTON, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-5583

Case Date: 05/06/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BURKE LAWTON, Appellant, v. STATE OF FLORIDA, Appellee. _________________________/ Opinion filed May 6, 2010. An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Burke Lawton, pro se, Appellant. Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-5583

PER CURIAM. We affirm the denial of appellant's four postconviction motions. However, the lower court also entered an order barring any further pro se pleadings. If a court wishes to bar a defendant from filing further pro se motions, it must issue a show cause order to provide the defendant with notice and an opportunity to

respond. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). Accordingly, we reverse the lower court's order barring pro se pleadings, and remand for the court to comply with the requirements of Spencer. AFFIRMED IN PART, REVERSED IN PART, and REMANDED. HAWKES, C.J., VAN NORTWICK and THOMAS, JJ., CONCUR.

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