5D07-291 Fred Wilkinson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-291

Case Date: 04/16/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

FRED WILKINSON, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 20, 2007 3.800 Appeal from the Circuit Court for Flagler County, Kim C. Hammond , Judge. Fred Wilkinson, Carrabelle, pro se. No Appearance for Appellee. CASE NO. 5D07-291

PER CURIAM. Fred Wilkinson appeals the denial of his fourth rule 3.800(a) motion to correct illegal sentence.1 In this successive motion, Wilkinson once again challenges his

habitual offender sentences entered in Flagler County case nos. 89-304 and 89-408. The trial court properly denied Wilkinson's motion as successive, and we issued a Spencer2 show cause order. Wilkinson responded by once again attempting to argue the merits of his underlying motion.

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See Fla. R. Crim. P. 3.800. State v. Spencer, 751 So. 2d 47 (Fla. 1999).

At this point, Wilkinson is abusing the judicial process with his successive attacks on his sentences. In order to conserve judicial resources, we prohibit Fred Wilkinson from filing with this Court any further pro se pleadings concerning Flagler County, Seventh Judicial Circuit Court case nos. 89-304 and 89-408. The Clerk of this Court is directed not to accept any further pro se filings concerning these cases. Any further pleadings regarding these cases will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. See Isley v. State , 652 So. 2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough."). AFFIRMED; future pro se filings PROHIBITED.

SAWAYA, LAWSON, and EVANDER, JJ., concur.

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