Barry Carrell v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-3622 _____________________________ BARRY CARRELL, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Writ of Habeas Corpus—Original Jurisdiction. July 27, 2020 PER CURIAM. The petition for writ of habeas corpus is dismissed as unauthorized. See Baker v. State, 878 So. 2d 1236 (Fla. 2004) (holding that habeas corpus is not a means to litigate issues that could have been or were raised in a direct appeal or postconviction motion). Petitioner is warned that any future filings that this 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. (2019) (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”). RAY, C.J., and JAY and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Barry Carrell, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent. 2