IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
RANDY L. FOX, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-1482
STATE OF FLORIDA,
Appellee.
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Opinion filed February 14, 2017.
An appeal from an order of the Circuit Court for Bay County.
Michael C. Overstreet, Judge.
Randy L. Fox, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney
General, for Appellee.
PER CURIAM.
We previously affirmed the summary denial of the appellant’s petition for writ
of habeas corpus brought pursuant to Florida Rule of Criminal Procedure 3.850(m),
but retained jurisdiction for consideration of the imposition of sanctions.
The appellant has failed to obtain relief in at least six previous postconviction
cases he filed in this court to challenge this judgment and sentence. Due to the
appellant’s apparent abuse of the legal process by his repeated pro se filings
attacking his conviction and sentence, this court issued an order directing him 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). The appellant filed a motion for rehearing
responding to the order to show cause that 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 this court concerning Bay County Circuit Court case number
87-1854-G. 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.
B.L. THOMAS, RAY, and OSTERHAUS, JJ., CONCUR.
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