Hartman v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 OTTO DONNIE HARTMAN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-5005 [ December 8, 2010 ] PER CURIAM. We affirm the trial court s order of October 23, 2009, which dismisses appellant s letter/motion as frivolous and forwards a copy of the order to the Department of Corrections. See Johnson v. State, 44 So. 3d 198 (Fla. 4th DCA Sept. 15, 2010). That order does not include language barring future pro se filings in the circuit court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); Fitzgerald v. State, 18 So. 3d 1145 (Fla. 3d DCA 2009); Epps v. State, 941 So. 2d 1206 (Fla. 4th DCA 2006); see also Thomas v. State, 1 So. 3d 194 (Fla. 4th DCA 2008). This court s affirmance does not prevent appellant from seeking review of any such order issued by the trial court. Affirmed. STEVENSON, TAYLOR and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; William L. Roby, Judge; L.T. Case No. 561997CF001612A. Otto Donnie Hartman, Raiford, pro se. Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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