Ellis v. State

Decision Date18 July 2003
Docket NumberNo. 5D03-1334.,5D03-1334.
PartiesDeorick ELLIS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Deorick Ellis, Sanderson, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

SHARP, W., J.

Ellis appeals from the trial court's summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In this proceeding, Ellis asserts the trial court improperly departed from the guidelines without written reasons. We affirm.

This motion is successive and violates the law of the case doctrine. In a prior motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), Ellis raised the very same issue, appealed the trial court's summary denial, and this court affirmed. See State v. McBride, 28 Fla. L. Weekly S401, 848 So.2d 287,(Fla. May 15, 2003)

; Smith v. State, 685 So.2d 912 (Fla. 5th DCA 1996).

We caution Ellis against filing additional successive and improper motions. Enough is enough. See Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995)

. See also Thomas v. State, 824 So.2d 1061 (Fla. 5th DCA 2002).

AFFIRMED.

SAWAYA, C.J., and ORFINGER, J., concur.

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3 cases
  • Wood v. State, 5D04-145.
    • United States
    • Florida District Court of Appeals
    • March 5, 2004
    ...issues presented here became the law of the case and cannot be re-litigated in a subsequent post-conviction motion. See Ellis v. State, 853 So.2d 484 (Fla. 5th DCA 2003). The rulings are both on the merits and This case is an example of why the courts must prohibit repetitive meritless pro ......
  • Williams v. State, Case No. 5D17–2543
    • United States
    • Florida District Court of Appeals
    • October 20, 2017
    ...repetitive 3.800 motions, [Florida appellate] courts essentially have applied collateral estoppel principles"); Ellis v. State, 853 So.2d 484, 485 (Fla. 5th DCA 2003) (explaining defendant's successive rule 3.800(a) motion violated law of case doctrine). In his successive motion, Williams a......
  • Matthews v. State
    • United States
    • Florida District Court of Appeals
    • June 24, 2008
    ...se. No Appearance for Appellee. PER CURIAM. AFFIRMED. See Price v. State, 692 So.2d 971 (Fla. 2d DCA 1997). See also Ellis v. State, 853 So.2d 484 (Fla. 5th DCA 2003); Smith v. State, 685 So.2d 912 (Fla. 5th DCA SAWAYA, PLEUS and LAWSON, JJ., concur. ...

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