MORTIMER v. STATE (2026)

District Court of Appeal of Florida, Fourth District.

Guy MORTIMER, Appellant, v. STATE of Florida, Appellee.

No. 4D2025-2830

Decided: July 01, 2026

Guy Mortimer, Perry, pro se. James Uthmeier, Attorney General, Tallahassee, and Luke Robert Napodano, Senior Assistant Attorney General, West Palm Beach, for appellee.

ON PARTIAL CONFESSION OF ERROR

We accept the State's partial confession of error and reverse the circuit court's order prohibiting appellant from further pro se filing. The State acknowledges appellant did not receive the court's order to show cause under State v. Spencer, 751 So. 2d 47 (Fla. 1999). Appellant is entitled to an opportunity to be heard, and to make a record for appeal, before the court imposes sanctions. See Stokes v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011) (reversing under the same circumstances).

As for the remaining portion of the appeal directed towards the circuit court's order denying appellant's motion to correct illegal sentence, that appeal is untimely, as the State argues. Thus, we lack jurisdiction to review that portion of the appeal, which must be dismissed.

Dismissed in part, reversed and remanded in part.

Per Curiam.

Klingensmith, Shepherd and Shaw, JJ., concur.

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