BARNES v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Eugene BARNES, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-309

Decided: April 09, 2021

Eugene Barnes, Orlando, pro se. No Appearance for Appellee.

Appellant appeals the postconviction court's denial of his Florida Rule of Criminal Procedure 3.800(a) motion for postconviction relief in Marion County Circuit Court Case No. 1999–CF–4040, raising the same claim this Court rejected in 2019. Barnes v. State, 274 So. 3d 385 (Fla. 5th DCA 2019). We affirm the postconviction court's order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to Marion County Circuit Court Case No. 1999–CF–4040 may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

AFFIRMED; APPELLANT CAUTIONED.

PER CURIAM.

WALLIS, EDWARDS, and HARRIS, JJ., concur.

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