JOSE PRIDE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOSE PRIDE, Appellant, v. CASE NO. 1D07-5154 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 8, 2009. An appeal from the Circuit Court for Gadsden County. Thomas H. Bateman, III, Judge. Jose Pride, pro se, Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm the trial court s denial of the appellant s motion for postconviction relief. However, the trial court indicated that any further postconviction motions regarding the underlying case will not be entertained. If a trial court wishes to bar the appellant from filing further postconviction motions, it must follow the dictates of State v. Spencer, 751 So. 2d 47 (Fla. 1999), and provide the defendant with notice and an opportunity to respond through issuance of a show cause order. Accordingly, we affirm on the merits but reverse and remand for the trial court to comply with the requirements of Spencer. AFFIRMED in part; REVERSED in part and REMANDED for proceedings consistent with this opinion. BARFIELD, DAVIS, and ROBERTS, JJ., CONCUR. 2

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