Caison v. State

• Decision Date: 07 June 2017
• Docket Number: No. 3D17–656,3D17–656
• Citation: 223 So.3d 1093
• Parties: Norman E. CAISON, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

223 So.3d 1093

Norman E. CAISON, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D17–656

District Court of Appeal of Florida, Third District.

Opinion filed June 7, 2017.

Norman E. Caison, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, C.J., and EMAS and LOGUE, JJ.

EMAS, J.

We affirm the trial court's order denying Norman Caison's motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). In his 2016 motion, Caison challenges the procedure by which the trial court imposed court costs (totaling $255)¹ during his sentencing in 1995. Caison's argument is wholly without merit.²

ORDER TO SHOW CAUSE

Further, we note that Caison has filed at least sixteen separate appeals or original proceedings with this court related to lower court case number 93–38756.³ With one

223 So.3d 1095

exception, this court has affirmed the lower court or otherwise denied Caison relief on appeal.⁴ Caison has engaged in the filing of meritless, frivolous and successive claims, and his actions have caused this court to expend precious and finite judicial resources which could otherwise be devoted to cases raising legitimate claims. Hedrick v. State , 6 So.3d 688, 691 (Fla. 4th DCA 2009) (noting: "A legitimate claim that may merit relief is more likely to be overlooked if buried within a forest of frivolous claims.")

While pro se parties must be afforded a genuine and adequate opportunity to exercise their constitutional right of access to the courts, that right is not unfettered. The right to proceed pro se may be forfeited where it is determined, after proper notice and an opportunity to be heard, that the party has abused the judicial process by the continued filing of successive or meritless collateral claims in a criminal proceeding. State v. Spencer , 751 So.2d 47 (Fla. 1999). As our sister court aptly described it, there comes a point when "enough is enough." Isley v....