Robert GORHAM, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· July 2, 2014 · Docket No. 4D14-823
142 So. 3d 905
Syllabus
Robert GORHAM, Appellant, v. STATE of Florida, Appellee. No. 4D14-823. District Court of Appeal of Florida, Fourth District. July 2, 2014. Robert Gorham, Lake City, pro se. No appearance required for appellee.
Full Opinion (955 characters)
PER CURIAM. We affirm the trial court’s order dismissing the habeas corpus petition filed by appellant. Appellant included a challenge to the information, which overlaps with and is similar to a claim of ineffective assistance of trial counsel raised in his earlier motion for postconviction relief, the denial of which this court affirmed in Gorham v. State, 126 So.3d 1066 (Fla. 4th DCA 2013). Appellant is therefore cautioned against the filing of frivolous post-conviction challenges or appeal filings in this case, which will result in sanctions including referral to prison officials for disciplinary proceedings and/or a prohibition against pro se filings in this court. See State v. Spencer, 751 So.2d 47 (Fla. 1999). Affirmed; appellant cautioned against frivolous filings. STEVENSON, LEVINE and FORST, JJ., concur. . Because the circuit court construed the petition pursuant to rule 3.850(m), we treat this appeal as a rule 3.850 summary denial,
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