IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
LARRY WYNN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D15-5411
STATE OF FLORIDA,
Appellee.
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Opinion filed May 3, 2016.
An appeal from an order of the Circuit Court for Duval County.
Waddell A. Wallace, Judge.
Larry Wynn, pro se, Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Larry Wynn appeals from the denial of a postconviction motion raising a
claim of newly discovered evidence. We affirm the trial court’s order without
comment.
The appellant has failed to obtain relief in at least eight cases he filed in this
court to challenge this judgment and sentence. This is his third postconviction
challenge based upon the same alleged newly discovered evidence. Accordingly,
we ordered the appellant to show cause why he should not be prohibited from
future pro se filings challenging this judgment and sentence. See State v. Spencer,
751 So. 2d 47, 48 (Fla. 1999). He failed to file a response, and the request for
judicial notice he filed instead does not provide a legal basis to prohibit the
imposition of sanctions.
Therefore, because the appellant’s repeated attacks on his judgment and
sentence have become an abuse of the legal process, we hold that he is barred from
future pro se filings in the court concerning Leon County Circuit Court case
number 1992-CF-4125. See Harmon v. State, 136 So. 3d 1223, 1225 (Fla. 1st DCA
2014) (imposing sanctions in the appellant’s seventh postconviction appeal where
the most recent filing involved a frivolous challenge to an opinion that had been
approved by the Florida Supreme Court); Hall v. State, 94 So. 3d 655, 657 (Fla. 1st
DCA 2012) (imposing sanctions in the appellant’s seventh postconviction appeal
where the appellant had twice raised the same untimely and meritless claim despite
being advised of the barred and meritless nature of his claim in a previous
postconviction order); Wimberly v. State, 50 So. 3d 785, 788 (Fla. 4th DCA 2010)
(imposing sanctions in connection with the appellant’s fourth meritless
postconviction motion where the most recent motion raised successive and
untimely claims without establishing any exception to the procedural bars). The
Clerk of the Court is directed not to accept any future filings concerning this case
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unless they are filed by a member in good standing of The Florida Bar.
AFFIRMED and SANCTIONS IMPOSED.
LEWIS, THOMAS, and MAKAR, JJ., CONCUR.
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