Shawn Shakespeare v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 27, 2021
Docket1D21-2682
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-2682
_____________________________
SHAWN SHAKESPEARE,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Writ of Mandamus—Original Jurisdiction.
October 27, 2021
PER CURIAM.
In this petition for writ of mandamus, Petitioner argues that
the circuit court improperly struck his motion for postconviction
relief as facially insufficient and seeks to compel the circuit court
to rule on the merits of the motion. Mandamus relief is
inappropriate because the circuit court complied with its
ministerial duty to take action on the motion for postconviction
relief. The circuit court’s order is not a final, appealable order. See
Shelley v. State, 993 So. 2d 93 (Fla. 1st DCA 2008). If Petitioner
seeks review of the circuit court’s decision that the motion for
postconviction relief was facially insufficient, he must first obtain
a final order denying the motion for postconviction relief without
leave to amend. See Howard v. State, 976 So. 2d 635, 636 (Fla. 5th
DCA 2008) (“If leave to amend has been given by the trial court, a
defendant may not appeal until he has obtained a denial of the
motion that does not include leave to amend.”). Accordingly, the
Court denies the petition for writ of mandamus on the merits.
Petitioner previously unsuccessfully sought the same relief in
his petition for writ of mandamus in case number 1D21-0996. The
Court warns Petitioner that any future filings raising the same
issue may result in the imposition of sanctions, including a
prohibition against any further pro se filings in this Court related
to circuit court cases 2017-CF-5303 and 2018-CF-2338 and a
referral to the appropriate institution for disciplinary procedures.
See § 944.279, Fla. Stat. (2021).
RAY, OSTERHAUS, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Shawn Shakespeare, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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