McElrath v. State

Lloyd McElrath appeals the trial court’s order summarily denying his Rule 3.800(a) motion. We affirm in part and reverse in part.

The trial court determined that McEl-rath’s motion was “successive and procedurally barred.” The court also ruled that McElrath should be prohibited from filing further pro se motions seeking collateral relief in the instant case, noting that such future filings could result in contempt of court and subject him to punishment including forfeiture of gain time.

On the merits, we agree that McElrath is not entitled to relief as his instant motion is indeed “successive…