MCWATERS v. STATE (2019)

In Hernando County Circuit Court Case Number 2010-CF-2412, Cassidy McWaters, Jr. pled guilty to three counts of lewd and lascivious molestation by a person eighteen years or older on a child less than 12 years of age, and two counts of attempted capital sexual battery on a child less than 12 years of age. He was adjudicated guilty and sentenced to twenty-two years' imprisonment, followed by eight years of sex offender probation. McWaters did not file a direct appeal.

After his judgment and sentence became final, McWaters filed a petition for belated appeal. This Court dismissed the belated appeal after McWaters failed to amend his petition to comply with the oath requirement. See McWaters v. State, No. 5D12-4673 (Fla. 5th DCA Mar. 5, 2013).

Thereafter, McWaters filed five separate appeals attacking the denials of his Florida Rules of Criminal Procedure 3.800 and 3.850 motions to correct illegal sentence and for postconviction relief. In each appeal, this Court per curiam affirmed and issued a mandate. See McWaters v. State, 141 So.3d 194 (Fla. 5th DCA 2014); McWaters v. State, 160 So.3d 455 (Fla. 5th DCA 2015); McWaters v. State, 216 So.3d 641 (Fla. 5th DCA 2016); McWaters v. State, 232 So.3d 397 (Fla. 5th DCA 2017); McWaters v. State, 263 So.3d 792 (Fla. 5th DCA 2019).

Due to McWaters's apparent abuse of the legal process by his repeated frivolous filings attacking his judgment and sentence rendered in the above referenced case, this Court issued an order directing McWaters to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So.2d 47, 48 (Fla. 1999). Having received no response, we conclude that McWaters is abusing the judicial process and should be barred from further pro se filings.

Therefore, in order to conserve judicial resources, McWaters is prohibited from filing with this Court any further pro se filings concerning the above referenced case. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. Any future filings regarding the referenced case will be summarily rejected by the Clerk, unless filed by a member in good standing of The Florida Bar. See Isley v. State, 652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See § 944.279(1), Fla. Stat. (2018); Simpkins v. State, 909 So.2d 427, 428 (Fla. 5th DCA 2005).

Future pro se filings PROHIBITED.

PER CURIAM.

COHEN, HARRIS and GROSSHANS, JJ., concur.