HARRIS v. STATE (2020)

Petitioner Marcus Harris, acting pro se, seeks from this Court what Harris characterizes as a writ of mandamus. While Harris's petition requests an order directing the lower court “to produce authentic documentation to justify its denial of prior credit before probation violation,” what Harris's petition essentially seeks is further review by this Court of the trial court's orders denying Harris's post-conviction motions seeking additional jail credit.

On November 2, 2018, the trial court entered a detailed order explaining its rationale for denying Harris's first post-conviction motion seeking additional jail credit. Harris appealed this November 2018 order, and this Court affirmed the trial court's order. Harris v. State, 271 So. 3d 968 (Fla. 3d DCA 2019) (table). Harris then filed a second post-conviction motion that, in part, again sought additional jail credit. On April 18, 2019, the trial court entered another detailed order denying Harris's second post-conviction motion. Harris appealed this order, and this Court affirmed the trial court's April 2019 order. Harris v. State, No. 3D19-953, 2019 WL 2880495 (Fla. 3d DCA July 3, 2019).¹

Dressed as a petition seeking mandamus relief, Harris's petition again challenges the trial court's denial of his post-conviction motions seeking additional jail credit. We dismiss Harris's petition because this Court has twice affirmed the trial court's denial of Harris's post-conviction effort to obtain additional jail credit. Once a trial court's order has been affirmed by the appellate court, it becomes the law of the case. See Kelly v. State, 907 So. 2d 550, 551 (Fla. 3d DCA 2005).

We caution Harris that further challenges in this Court to the trial court's November 2018 and April 2019 orders may result in an order from this Court prohibiting Harris from further pro se filings.

Petition dismissed.

FOOTNOTES

1.   The Florida Supreme Court dismissed Harris's challenge to this Court's affirmance of the trial court's April 2019 order. Harris v. State, No. SC19-1439 (Fla. Aug. 27, 2019).

PER CURIAM.