IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
RICHARD D. SMITH, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-0040
JULIE L. JONES, SECRETARY,
FDOC, and STATE OF FLORIDA,
Respondent.
___________________________/
Opinion filed March 4, 2016.
Petition Alleging Ineffective Assistance of Appellate Counsel -- Original
Jurisdiction.
Richard D. Smith, pro se, Petitioner.
Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is dismissed as
untimely and successive. See Fla. R. App. P. 9.141(d)(5) and (6)(C).
Due to petitioner’s apparent abuse of the legal process by his repeated pro se
filings attacking his conviction and sentence in Levy County Circuit Court case
number 38-1999-CF-0491-A, this court issued an order directing petitioner to show
cause why he should not be prohibited from future pro se filings. See State v. Spencer,
751 So. 2d 47, 48 (Fla. 1999). Petitioner’s response to the show cause order does not
provide a legal basis to prohibit the imposition of sanctions.
As such, because petitioner’s continued and repeated attacks on his conviction
and sentence have become an abuse of the legal process, we hold that he is barred from
future pro se filings in this court concerning Levy County Circuit Court case number
38-1999-CF-0491-A. The Clerk of the Court is directed not to accept any future
filings concerning this case unless they are filed by a member in good standing of The
Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion
may result in a referral to the appropriate institution for disciplinary procedures as
provided in section 944.279, Florida Statutes (2015). See Fla. R. App. P. 9.410.
ROWE, KELSEY, and WINOKUR, JJ., CONCUR.
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