JOHNSON v. STATE (2025)

District Court of Appeal of Florida, Fourth District.

Travis E. JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 4D2025-0402

Decided: November 12, 2025

Travis E. Johnson, Miami, pro se. James Uthmeier, Attorney General, Tallahassee, and Zi Jin Peter Chan, Assistant Attorney General, West Palm Beach, for appellee.

Travis E. Johnson appeals an order entered under State v. Spencer, 751 So. 2d 47 (Fla. 1999), barring further pro se filings. We recognize Johnson's filings are numerous. But in this instance, the instance that led to the sanction, Johnson presented a new claim based on Erlinger v. U.S., 144 S. Ct. 1840 (2024), and referenced the Florida Supreme Court's pending review in Maye v. State, 368 So. 3d 531 (Fla. 6th DCA 2023), to preserve the issue. We believe the claim was, at the time it was filed, colorable. As a result, we reverse the sanction imposed against Johnson. But we caution Johnson that future frivolous filings will not be tolerated.

Reversed.

Per Curiam.

Kuntz, C.J., May and Klingensmith, JJ., concur.

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