Jeffrey Smith v. State of Florida

Jeffrey Smith seeks review of orders denying his motion filed pursuant to Florida Rule,of Criminal Procedure 3.850 and the related motion for rehearing, as well as an order prohibiting him from filing future pro se pleadings pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). We reverse in part.

Spencer permits a court to prohibit a litigant, who has filed repetitious and frivolous pleadings and papers, from filing further attacks on his or her conviction and sentence, after notice and opportunity to be heard. Id. at 48. Smith’s filing was his fourth amendment to his first' rule 3.850…