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O'BRIEN v. State
NOTES [1] See, e.g., Harris v. State, 674 So.2d 925, 925 (Fla. 5th DCA 1996) (identical petition for habeas corpus denied as abuse of process); Holmes v. State, 669 So.2d 360, 361 (Fla. 5th DCA 1996) ("to prevent frivolous petitions for extraordinary relief from unsettling the fair administration of justice, the Court has a duty to deny in forma pauperis status to individuals who have abused the system"); Lockett v. State, 657 So.2d 38, 39 (Fla. 5th DCA 1995) (Sharp, W., J., concurring specially) (to forestall defendant from filing a fifth or sixth rule 3.850 motion, court should designate def…
Kelvin LOCKETT
v.
STATE of Florida
v.
STATE of Florida
No. 95-1187.
District Court of Appeal of Florida, Fifth District.
Jun 23, 1995.
Kelvin Lockett, Daytona Beach, pro se., No Appearance for appellee.
Cobb, Griffin, Sharp.
Cited by 1 opinion | Published
Lead Opinion
PER CURIAM.
AFFIRMED.
COBB and GRIFFIN, JJ., concur. W. SHARP, J., concurs specially with opinion.Concurrence
W. SHARP, Judge,
concurring specially.
In order to forestall Lockett from filing a fifth or sixth rule 3.850 motion, we should affirm the trial court’s denial of this, his fourth motion, because it is successive and improper. Stewart v. State, 632 So.2d 59 (Fla.1993); Zeigler v. State, 632 So.2d 48 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 104, 130 L.Ed.2d 52 (1994); Foster v. State, 614 So.2d 455 (Fla.1992), cert. denied, — U.S. —, 114 S.Ct. 398, 126 L.Ed.2d 346 (1993); Davis v. State, 589 So.2d 896 (Fla.1991); Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995); Johnson v. State, 652 So.2d 980 (Fla. 5th DCA 1995). Enough is enough.