Sandy v. Alston v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-1694 _____________________________ SANDY V. ALSTON, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Belated Appeal—Original Jurisdiction. August 7, 2020 PER CURIAM. The petition for belated appeal is dismissed as untimely. See Fla. R. App. P. 9.141(c)(5)(A). The Court also finds that Petitioner has unsuccessfully sought the same relief in cases 1D16-1198 and 1D18-0522. This petition is therefore successive. Petitioner is warned that any future filings in this Court seeking the same relief 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 as provided in section 944.279, Florida Statutes (2020) (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). LEWIS, ROBERTS, and MAKAR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Sandy V. Alston, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent. 2