Jones v. State

Third District Court of Appeal
State of Florida
Opinion filed August 30, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D17-1263
Lower Tribunal Nos. 10-1003, 10-21841A, 11-8636B, 11-8637C, 11-9351A
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Dytrell Jones,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.
Dytrell Jones, in proper person.
Pamela Jo Bondi, Attorney General, for appellee.
Before ROTHENBERG, C.J., and SALTER and LINDSEY, JJ.
PER CURIAM.
ON ORDER TO SHOW CAUSE
On July 26, 2017, the Court affirmed the denial of Dytrell Jones’ motion to
correct illegal sentence. On the same date, the Court ordered Jones to show cause
why he should not be prohibited from filing further pro se appeals, petitions,
motions, or other pleadings in this Court relating to lower tribunal cases F10-1003,
F10-21841A, F11-8636B, F11-8637C, and F11-9351A.
Upon consideration of Jones’ response to the order to show cause and the
successive, duplicative, pro se appeals brought by Jones, we conclude that good
cause has not been shown. As an example, Jones filed a motion in the lower
tribunal cases that realleged the post-conviction sentencing issues denied by the
lower tribunal previously and affirmed by this Court only two months before he
commenced the appeal in the present case. Jones v. State, 2017 WL 1277922 (per
curiam affirmed) (Table) (slip op. Apr. 5, 2017). The motion and appeal in the
present case were filed without consideration of the prior rulings. Jones has
engaged in the filing of other meritless, frivolous, and successive claims in
addition to these cases, ignoring prior adverse rulings.
In accordance with State v. Spencer, 751 So. 2d 47 (Fla. 1999), and
Concepcion v. State, 944 So. 2d 1069 (Fla. 3d DCA 2006), Jones is prohibited
from filing any further pro se appeals, pleadings, motions, or petitions relating to
his convictions, judgments, and sentences in lower tribunal cases F10-1003, F10-
21841A, F11-8636B, F11-8637C, and F11-9351A. We direct the Clerk of the
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Third District Court of Appeal to refuse to accept any such papers relating to these
circuit court case numbers unless they have been reviewed and signed by an
attorney who is a duly licensed member of The Florida Bar in good standing. See
Whipple v. State, 112 So. 3d 540 (Fla. 3d DCA 2013).
Additionally, any such further and unauthorized pro se filings by Jones may
subject him to appropriate sanctions, including the issuance of written findings
forwarded to the Department of Corrections for its consideration of disciplinary
action, including the forfeiture of gain time. See § 944.279(1), Fla. Stat. (2017).
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