Spenser Daniels v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-3157 _____________________________ SPENSER DANIELS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Leon County. Stephen S. Everett, Judge. March 4, 2021 PER CURIAM. AFFIRMED. See State v. McBride, 848 So. 2d 287, 290–91 (Fla. 2003) (explaining that collateral estoppel prohibits a defendant from raising the same illegal sentencing claim that has already been raised in a prior postconviction motion and decided against him on the merits). Appellant is warned that any future filings that this Court determines to be frivolous or malicious 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(1), 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 . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”). RAY, C.J., and LEWIS and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Spenser Daniels, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. 2