Florida District Courts of Appeal, 2015

Walker v. State

Florida District Courts of Appeal · Decided April 22, 2015 · Wells, Emas, Scales

183 So. 3d 1066; 2015 Fla. App. LEXIS 5781; 2015 WL 1811943 (Southern Reporter, Third Series)

Opinion

SCALES, J.

Duane Isaac Walker appeals an Order Denying Defendant’s Motion to Correct Sentence, dated January 21, 2015. As the order on appeal points out, Walker has filed repeated appeals and petitions for post-conviction relief since a 2003 judgment and sentence. 1 Walker’s allegations *1067 in the instant case have been reviewed and disposed of already by this Court. See Walker v. State, 60 So.3d 403 (Fla. 3d DCA 2011) (Table). On numerous occasions, this Court has reviewed Walker’s other, related, unsuccessful post-conviction petitions. 2 Accordingly, we both affirm the decision of the trial court and issue an order to show cause as described below.

ORDER TO SHOW CAUSE

Walker is hereby directed -to show cause, within forty-five days from the date of this opinion, why he should not be pro-' hibited from filing any further pro se appeals, petitions, motions of other proceedings related to his criminal sentencing in circuit court case number 97-28661.

If Walker does not demonstrate good cause, any such further and unauthorized filings by Walker will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for. its consideration of disciplinary action, including forfeiture of gain time. See § 944.279(1), Fla. Stat. (2014).

Affirmed. Order to show cause issued.

. Walker pled guilty to an aggravated battery that occurred on September 6, 1997, and was sentenced to 364 days in jail and five years of probation. (Prior to this sentence, Walker had two arrests and convictions.) Subsequently, he was charged with twenty probation violations, including murder. Walker’s probation was revoked and the trial court sentenced him to thirty years in prison (with a ten-year minimum mandatory) as a habitual *1067 violent felony offender. This sentence was affirmed in Walker v. State, 871 So.2d 1034 (Fla. 3d DCA 2004) (Mem). In 2011, Walker pled guilty to the reduced charge of second degree murder and to aggravated child abuse and was sentenced to forty-five years in prison; this sentence to rup concurrently with the previously imposed thirty-year sentence.

. Walker v. State, 901 So.2d 136 (Fla. 3d DCA 200S) (Table); Walker v. State, 963 So.2d 244 (Fla. 3d DCA 2007) (Table); Walker v. State, 51 So.3d 470 (Fla. 3d DCA- 2011) (Table); Walker v. State, 61 So.3d 1135 (Fla. 3d DCA 2011) (Table).

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