Legal Opinion

Potter v. State

District Court of Appeal of Florida

Decided November 20, 2013No. 4D13-1050Published

1Per curiam

We affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant has filed numerous postconviction challenges and appeals in connection with lower tribunal case number 90-13578, and was previously warned by this court in case numbers 4D12-996 and 4D11-4868 that future frivolous filings may result in sanctions. Because of appellant’s ongoing abuse of the postconviction process, we issued an order to show cause pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). Appellant has not responded. We conclude that sanctions are appropriate.

Within the…

2Cases cited4 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Brooks v. StateSupreme Court of Florida · 2007
  3. McCutcheon v. StateDistrict Court of Appeal of Florida · 2010
  4. Lake v. StateDistrict Court of Appeal of Florida · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API