Michael Fredrick vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D22-1265 _____________________________ MICHAEL FREDRICK, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Wakulla County. Ronald W. Flury, Judge. October 19, 2022 PER CURIAM. Michael Fredrick appeals an order denying his postconviction motion filed under Florida Rule of Criminal Procedure 3.800(a). In 1983, Fredrick entered pleas to eight felonies in two cases. Now, thirty-nine years later, he alleges that his sentences for seconddegree murder, burglary, and kidnapping are illegal. Because the trial court did not err in denying postconviction relief, we affirm. We note that this appeal marks the sixth time Fredrick has filed a petition or appeal in this Court seeking to collaterally attack his judgment and sentence in Wakulla County Circuit Court Case Numbers 1982-CF-48 and 1982-CF-50. He has sought relief by petition for writ of habeas corpus twice and by postconviction motion under rule 3.800 four times. In five of the cases, Fredrick obtained no relief. And this appeal is frivolous. Fredrick is warned that any future filing that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279(1), Fla. Stat. (2022); Ferris v. State, 100 So. 3d 142, 144 (Fla. 1st DCA 2012) (Wetherell, J., concurring) (“[T]here comes a point after which a defendant’s use of the appellate process to continue to litigate postconviction claims becomes an abuse of the process”). AFFIRMED. ROWE, C.J., and B.L. THOMAS and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Michael Fredrick, pro se, Appellant. Ashley Moody, Attorney General, and Damaris E. Reynolds, Assistant Attorney General, Tallahassee, for Appellee. 2

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