WILSON v. STATE (2025)

John J. Wilson, Jr. appeals a March 8, 2024 order denying a postconviction motion in the form of a “Notice” to the circuit court. Although it is difficult to apprehend Wilson's meaning, the Notice appears to allege that the general counsel of the Eleventh Judicial Circuit “defrauded” Wilson by not responding sufficiently to a public records request.

After Wilson failed to file timely his initial brief, this Court, on November 21, 2024, entered an order dismissing this appeal. Wilson moved to reinstate the case. On March 12, 2025, we denied the reinstatement motion. After Wilson sought an extension of time to file a rehearing motion, we granted the extension of time and entered a June 3, 2025 order to show cause why Wilson should not be barred from further pro se filings in this Court related to lower tribunal case number F15-1083. Wilson timely filed his response to the show cause order.

In his 2015 criminal trial, Wilson was found guilty of burglary of an unoccupied dwelling, third degree grand theft, resisting an officer with violence, assault, criminal mischief, and trespass of an unoccupied conveyance. He was sentenced to twenty years in prison and five years of probation. This Court affirmed his convictions and sentence in Wilson v. State, 259 So. 3d 941 (Fla. 3d DCA 2018). Since then, Wilson has filed multiple, pro se postconviction appeals and/or petitions related to case number F15-1083, including an appeal identical to this case in Case No. 3D24-0623.¹

After considering Wilson's response to the show cause order, we conclude that good cause has not been shown and prohibit Wilson from filing any further pro se appeals, pleadings, motions or petitions in this Court related to his convictions and sentence in case number F15-1083. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). We recognize that the access to courts provision of Article I, section 21 of the Florida Constitution affords an incarcerated person in Florida an avenue to challenge his or her incarceration; however, this right is not unfettered and may be forfeited if the person abuses the judicial process. Jimenez v. State, 196 So. 3d 499, 501 (Fla. 3d DCA 2016).

Accordingly, we direct the Clerk of the Third District Court of Appeal not to accept from Wilson pro se filings related to case number F15-1083; provided that the Clerk may accept such filings if they have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing.

Any such further and unauthorized pro se filings by Wilson will subject him to sanctions, including issuance of written findings forwarded to the Florida Department of Corrections for consideration by it for disciplinary action pursuant to section 944.279(1) of the Florida Statutes.

Order issued.

FOOTNOTES

1.   On March 19, 2025, a different panel of this Court dismissed Wilson's appeal in 3D24-0623. We note that most, if not all, of Wilson's eleven prior postconviction appeals and petitions filed in this Court, related to case number F15-1083, have been frivolous.

PER CURIAM.