Third District Court of Appeal
State of Florida
Opinion filed December 31, 2014.
Not final until disposition of timely filed motion for rehearing.
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Nos. 3D14-1028 & 3D14-2438
Lower Tribunal Nos. 81-25758-D, 81-28089, & 81-27294-A
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Alfonso Ponton,
Petitioner,
vs.
The State of Florida,
Repondent.
On Petition for Writ of Habeas Corpus and a Case of Original Jurisdiction--
Mandamus, to the Circuit Court for Miami-Dade County, Samantha Ruiz Cohen,
Judge.
Alfonso J. Ponton, in proper person.
Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant
Attorney General, for respondent.
Before SUAREZ, SALTER and SCALES, JJ.
PER CURIAM.
In appellate case number 3D14-1028, Alfonso Ponton, acting pro se,
petitions this court for a writ of mandamus with respect to the circuit court’s order
directing the Eleventh Judicial Circuit of Florida not to accept any further pro se
pleadings from Ponton in lower tribunal cases F81-27294, F81-28089, and F81-
25758.1
In appellate case number 3D14-2438, Ponton, acting pro se, petitions this
court for a writ of habeas corpus arguing his appellate counsel rendered him
ineffective assistance in handling the appeal of his judgment and conviction in
lower tribunal cases F81-27294, F81-28089, and F81-25758.
We consolidate Ponton’s petitions under appellate case number 3D14-1028,
and dismiss both petitions.
On October 16, 2002, this court prohibited Ponton “from filing any
additional pro se appeals, including pleadings, motions, and petitions relating to
any issue in Lower Tribunal cases F81-27294, F81-28089, and F81-25758.” See
Ponton v. State, 837 So. 2d 435, 435 (Fla. 3d DCA 2002). As of October 16, 2002,
Ponton had filed at least thirty-eight post-conviction motions and petitions in state
court alone; all of which were unsuccessful.
1Ponton filed his petition in appellate case number 3D14-1028 directly with the
Florida Supreme Court. The Florida Supreme Court transferred the case to this
court pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999).
2
In contravention of our prohibition in 2002, Ponton continued to file
unsuccessful pro se appeals and petitions relating to the above-mentioned lower
tribunal cases. See Ponton v. State, 117 So. 3d 1100 (Fla. 3d DCA 2013) (denying
petition for writ of mandamus); Ponton v. State, 982 So. 2d 698 (Fla. 3d DCA
2008) (affirming post-conviction appeal); Ponton v. State, 972 So. 2d 193 (Fla. 3d
DCA 2007) (affirming post-conviction appeal).
Additionally, on December 12, 2013, Ponton filed the instant pro se petition
for writ of mandamus. And, on October 9, 2014, Ponton filed the instant pro se
petition for writ of habeas corpus. There comes a point when “enough is enough.”
Philpot v. State, 39 Fla. L. Weekly D1859, D1860 (Fla. 3d DCA Sept. 3, 2014)
(quoting Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995).
As such, the clerk is directed not to accept further pro se appeals, including
pleadings, motions, and petitions from Ponton relating to lower tribunal numbers
F81-27294, F81-28089, and F81-25758. Because Ponton has abused the post-
conviction process and filed frivolous appeals and petitions in this court, we direct
the clerk of this court to forward a certified copy of this opinion to the appropriate
institution for disciplinary procedures, which may include forfeiture of gain-time. §
944.28(2)(a), Fla. Stat. (2014).
Petition for writ of mandamus dismissed.
Petition for writ of habeas corpus dismissed.
3
Sanctions entered.
4