HODGE v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Michael A. HODGE, Appellant, v. STATE of Florida and S.B. Rossiter, Warden, Appellees.

Case No. 5D18-1811

Decided: December 14, 2018

Michael A. Hodge, Lowell, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee, State of Florida. No Appearance for other Appellee.

Michael A. Hodge continues to raise the same claim of error (that he was wrongfully convicted and sentenced on a firearm charge) relating to his judgment and sentence, imposed in Marion County Fifth Judicial Circuit Case No. 2011-CF-001314. This claim has been reviewed and rejected by this Court on multiple occasions; therefore, Hodge's continuous attempts to revisit this issue are frivolous and an abuse of this Court's process. Accordingly, Hodge is cautioned that any further pro se filings in this Court asserting the claim raised in this case may result in Spencer sanctions being imposed. See State v. Spencer, 751 So.2d 47 (Fla. 1999) (permitting court to prohibit pro se litigant, who has filed repetitious and frivolous pleadings and papers, from filing further attacks on his or her conviction and sentence).

PER CURIAM.

EVANDER, WALLIS and EDWARDS, JJ., concur.

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