Akil Zachary Flagg v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 17, 2021
Docket1D20-3506
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-3506
_____________________________
AKIL ZACHARY FLAGG,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Habeas Corpus—Original Jurisdiction.
February 17, 2021
PER CURIAM.
Akil Zachary Flagg petitions this Court for a writ of habeas
corpus collaterally attacking his 2012 judgment and sentence. He
raises an argument he has already cast in three different forms,
and that this Court has rejected each time. See Flagg v. State, 115
So. 3d 1005 (Fla. 1st DCA 2013) (direct appeal); Flagg v. State, 174
So. 3d 1033 (Fla. 1st DCA 2015) (petition alleging ineffective
assistance of appellate counsel); Flagg v. State, 250 So. 3d 4 (Fla.
1st DCA 2018) (appeal of an order denying Flagg’s postconviction
motion). We now dismiss Flagg’s habeas petition, his fourth
challenge to his judgment and sentence, because “habeas corpus is
not a vehicle for obtaining additional appeals of issues which were
raised, or should have been raised, on direct appeal or which were
waived at trial or which could have, should have, or have been,
raised in rule 3.850 proceedings.” White v. Dugger, 511 So. 2d 554,
555 (Fla. 1987); Baker v. State, 878 So. 2d 1236 (Fla. 2004).
We also conclude that Flagg’s petition is frivolous. Flagg is
warned that any of his future filings that the Court determines to
be frivolous may result in the imposition of sanctions, including a
prohibition against any further pro se filings in this Court and a
referral to the appropriate institution for disciplinary procedures.
See § 944.279, Fla. Stat. (2020) (providing that “[a] prisoner who is
found by a court to have brought a frivolous or malicious suit,
action, claim, proceeding, or appeal . . . or to have brought a
frivolous or malicious collateral criminal proceeding . . . is subject
to disciplinary procedures pursuant to the rules of the Department
of Corrections”).
DISMISSED.
ROWE, M.K. THOMAS, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Akil Zachary Flagg, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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