DAVID MCCLAIN vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DAVID MCCLAIN, Appellant, v. Case No. 5D19-1505 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 8, 2019 3.850 Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge. David McClain, Arcadia, pro se. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant appeals the trial court’s denial of his rule 3.850 motion for postconviction relief in Orange County Circuit Court Case No. 1999-CF-10125-A-O. We affirm the trial court's order and caution Appellant that abusive, repetitive, malicious, or frivolous filings directed to the identified lower court case number may result in sanctions such as a bar on pro se filings 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, 48 (Fla. 1999). AFFIRMED. EISNAUGLE, GROSSHANS, and SASSO, JJ., concur. 2

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