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27 So. 3d 758

Jimenez v. State

District Court of Appeal of Florida

Decided February 10, 2010

District Court of Appeal of Florida · decided 2010-02-10

Cited by 2 later decisions — most recently July 2016

2 state decisions

Relies on State v. Spencer · Mims v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2010-02-10

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PER CURIAM.

¶1Diego Jimenez (“the defendant”) appeals from a trial court order prohibiting him from filing further pro se postconviction motions. Although the defendant has filed three postconviction relief motions, each addressed a different, legally cognizable issue. Thus, we find that the trial court abused its discretion in determining that the defendant abused his right to pro se access by filing frivolous motions. See State v. Spencer, 751 So.2d 47 (Fla.1999); Mims v. State, 994 So.2d 1233 (Fla. 3d DCA 2008).

¶2Accordingly, we reverse the order prohibiting the defendant from filing further pro se motions from his conviction and sentence.

¶3Reversed.

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