163 So. 3d 719

Michael T. WEAVER, Petitioner, v. The STATE of Florida, Respondent.

No. 3D14-1829.

District Court of Appeal of Florida, Third District.

April 29, 2015.

Michael T. Weaver, in proper person.

Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for respondent.

Before ROTHENBERG, LOGUE and SCALES, JJ.

PER CURIAM.

Michael T. Weaver petitions this Court for a writ of habeas corpus challenging the legality of his 1999 criminal sentence. Weaver pled guilty to second degree murder, armed robbery, and unlawful possession of a firearm while engaged in a criminal offense. On December 13, 1999, the trial court sentenced Weaver to consecutive terms of life imprisonment for the second degree murder and armed robbery counts. Upon consideration of Weaver’s arguments in his petition for writ of habe-as corpus, we deny the petition and issue an order to show cause as described below.

Weaver has lodged in both the federal and state courts repeated objections to his sentence. His objections are twofold: (1) Because Weaver entered into a plea agreement, it was improper for the trial judge to impose a sentence that represented an upward departure of the sentencing guidelines, and then fail to state the reason for the departure; and (2) Weaver’s plea was not voluntary.

Weaver’s current petition for writ of ha-beas corpus focuses on the first of Weaver’s two objections. This Court has held that this first objection is without merit. Weaver v. State, 845 So.2d 280, 282 (Fla. 3d DCA 2003).1

This Court also affirmed a trial court order of April 7, 2009, which denied Weaver’s motion for post-conviction relief on the basis of these same two objections. Weaver v. State, 15 So.3d 753 (Fla. 3d DCA 2009) (Mem). As recently as 2011, Weaver filed a petition for writ of habeas corpus with this Court and again argued the samé two objections. This Court denied the pe*720tition in Weaver v. State, 75 So.3d 741 (Fla. 3d DCA 2011) (Table).2

ORDER TO SHOW CAUSE

Weaver is hereby directed to show cause, within thirty days from the date of this opinion, why he should not be prohibited from filing any further pro se appeals, petitions, motions or other proceedings related to his criminal sentencing in circuit court case number 94-37277.

If Weaver does not demonstrate good cause, any such further and unauthorized filings by Weaver 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).

Petition denied. Order to show cause issued.

Weaver v. State
163 So. 3d 719

Case Details

Name
Weaver v. State
Decision Date
Apr 29, 2015
Citations

163 So. 3d 719

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!