FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-857
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MICHAEL DUNBAR,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Adrian G. Soud, Judge.
September 22, 2021
PER CURIAM.
Michael Dunbar appeals an order summarily denying his
motion for postconviction relief filed under Florida Rule of
Criminal Procedure 3.800(a). Dunbar asserted that his life
sentence for attempted first-degree murder was illegal. The trial
court determined that Dunbar’s sentence not illegal because his
life sentence was authorized under section 775.087(2)(a)(3),
Florida Statutes. (2007). Finding no error by the trial court, we
affirm.
We also conclude that this appeal is frivolous. This appeal
marks Dunbar’s fourth collateral attack on his 2008 judgment and
sentence in Duval County Circuit Court Case Number 07-13715
CFA. He appealed from orders denying postconviction relief in
these cases: 1D10-6449, 1D14-3481, and 1D15-2577. Dunbar
received no relief in any of these cases. The court warns Dunbar
that any future filings that this 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 or facility of Florida Department of
Corrections 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”).
AFFIRMED.
ROWE, C.J., and LEWIS and WINOKUR, 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.
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Michael Dunbar, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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