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Cruz v. State

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Jose Cruz, Appellant, v. The State of Florida, Appellee.No. 3D07-3153. District Court of Appeal of Florida, Third District. Opinion filed May 21, 2008. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mark King Leban, Judge, Lower Tribunal No. 92-20576. Jose Cruz, in proper person. Bill McCollum, Attorney General, for appellee. Before WELLS and SALTER, JJ., and SCHWARTZ, Senior Judge. WELLS, J. In his most recent postconviction motion, titled “Motion to Recall Judgment, Certified Question of Great Public Importance,” Jose Cruz once again raises a claim which was previously denied below and affirmed by this court. See Cruz v. State, 951 So. 2d 847 (Fla. 3d DCA 2007). Upon finding that Cruz has initiated numerous successive, pro se postconviction proceedings attacking his convictions and sentences in lower court case number 92-20576 for armed burglary of an occupied dwelling with an assault, armed kidnapping and two counts of armed robbery, the trial court issued an order to show cause why Cruz should not be prohibited from the filing of further pro se motions attacking his convictions and sentences in this case...continue to full post

Full post as published by Florida Criminal Law Opinions on May 21, 2008 (boomark / email).