Leroy Hudson v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2012 LEROY HUDSON, Appellant, v. STATE OF FLORIDA, Appellee. Nos. 4D11-2683 and 4D12-66 [ August 8, 2012 ] PER CURIAM. Leroy Hudson appeals the denial of his rule 3.800(a) motion, as well as the trial court s order prohibiting him from filing future pro se pleadings unless signed by a member of the Florida Bar. We sua sponte consolidate the cases for review and affirm both orders. The trial court properly rejected Hudson s rule 3.800(a) motion as a n abusive and successive challenge to his conviction. In doing so, the trial court did not abuse its discretion when it issued the sanction order barring further pro se filings from Hudson. See Fla. R. Crim. P. 3.850(m). The court s order denying Hudson s rule 3.800(a) motion provided Hudson with notice of the court s intent to impose sanctions and an opportunity to be heard. Additionally, we caution Hudson that filing future frivolous appeals or petitions involving successive post-conviction or other collateral challenges to his adjudication and/or sentence may result in sanctions from this court as well, including an order barring pro se pleadings or other filings under State v. Spencer, 751 So.2d 47 (Fla. 1999), and/or referral to prison officials for consideration of disciplinary procedures which may include loss of gain time. See §§ 944.279(1), 944.28(2)(a), Fla. Stat. (2011). Affirmed. MAY, C.J., TAYLOR and GERBER, JJ., concur. * * * Consolidated appeals of orders denying rule 3.800 motions from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin J. Bidwill, Judge; L.T. Case No. 04-14553 CF10A. Leroy Hudson, Milton, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing. 2

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