Walker v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 SEAN A. WALKER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3232 [December 27, 2006] PER CURIAM. Sean A. Walker appeals from an order summarily denying his rule 3.800(a) motion to correct illegal sentence, which he had filed in connection with one of his criminal cases. That order also prohibited him from filing any further pro se motions with respect to three lower tribunal cases. We affirm in part and reverse in part. We affirm the summary denial of the rule 3.800(a) motion without further discussion. However, we grant relief on the prohibition of filing. As the state properly acknowledged in its response to this court s limited order to show cause, the trial court should not have prohibited Walker from filing any further pro se motions in the cases listed without first providing him with notice and an opportunity to respond. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So. 2d 1298 (Fla. 4th DCA 1993). Affirmed in part, reversed in part, and remanded. STEVENSON, C.J., WARNER and GROSS, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case Nos. 02-4052 CF10A, 02-13694 CF10A & 03-16495 CF10A. Sean A. Walker, Miami, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2
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