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Date: 04-04-2020
Case Style:
MARCUS J. HARRIS, vs THE STATE OF FLORIDA
Case Number: 20-0499
Judge: Before SALTER, SCALES and MILLER, JJ.
PER CURIAM
Court: Third District Court of Appeal
State of Florida
Plaintiff's Attorney: Ashley Moody, Attorney General
Defendant's Attorney:
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Petitioner Marcus Harris, acting pro se, seeks from this Court what Harris
characterizes as a writ of mandamus. While Harris’s petition requests an order
2
directing the lower court “to produce authentic documentation to justify its denial of
prior credit before probation violation,” what Harris’s petition essentially seeks is
further review by this Court of the trial court’s orders denying Harris’s postconviction motions seeking additional jail credit.
On November 2, 2018, the trial court entered a detailed order explaining its
rationale for denying Harris’s first post-conviction motion seeking additional jail
credit. Harris appealed this November 2018 order, and this Court affirmed the trial
court’s order. Harris v. State, 271 So. 3d 968 (Fla. 3d DCA 2019) (table). Harris
then filed a second post-conviction motion that, in part, again sought additional jail
credit. On April 18, 2019, the trial court entered another detailed order denying
Harris’s second post-conviction motion. Harris appealed this order, and this Court
affirmed the trial court’s April 2019 order. Harris v. State, No, 3D19-953, 2019 WL
2880495 (Fla. 3d July 3, 2019).
1
Dressed as a petition seeking mandamus relief, Harris’s petition again
challenges the trial court’s denial of his post-conviction motions seeking additional
jail credit. We dismiss Harris’s petition because this Court has twice affirmed the
trial court’s denial of Harris’s post-conviction effort to obtain additional jail credit.
1 The Florida Supreme Court dismissed Harris’s challenge to this Court’s affirmance
of the trial court’s April 2019 order. Harris v. State, No. SC19-1439 (Fla. Aug. 27,
2019).
3
Once a trial court’s order has been affirmed by the appellate court, it becomes the
law of the case. See Kelly v. State, 907 So. 2d 550, 551 (Fla. 3d DCA 2005).
We caution Harris that further challenges in this Court to the trial court’s
November 2018 and April 2019 orders may result in an order from this Court
prohibiting Harris from further pro se filings.
Outcome: Petition dismissed.
Plaintiff's Experts:
Defendant's Experts:
Comments: