Cirilo Keshun Allen v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 28, 2021
Docket1D21-1292
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-1292
_____________________________
CIRILO KESHUN ALLEN,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Habeas Corpus—Original Jurisdiction.
June 28, 2021
PER CURIAM.
Cirilo Keshun Allen petitions this Court for a writ of habeas
corpus collaterally attacking his 2002 judgment and sentence for
robbery with a firearm. We dismiss the petition 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 Allen’s petition is frivolous. Earlier this
year, this Court affirmed an order denying Allen’s postconviction
motion filed under Florida Rule of Criminal Procedure 3.800(a).
See Allen v. State, 313 So. 3d 1146 (Fla. 1st DCA 2021)
(unpublished table decision). Allen 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.
ROBERTS, ROWE, and JAY, 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.
_____________________________
Cirilo Keshun Allen, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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