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Schofield v. State

Supreme Court of Florida

February 21, 2018

PRESTON LEONARD SCHOFIELD Petitioner(s)
v.
STATE OF FLORIDA Respondent(s)

          Lower Tribunal No(s).: 522014CF014665XXXXPC

         This case is hereby dismissed for lack of jurisdiction. See Wood v. State, 750 So.2d 592, 595 (Fla. 1999) (stating that by extending rule 3.850 to include noncustodial movants, the need for the writ of error coram nobis is eliminated). Any motions or other requests for relief are also denied.

         This Court hereby expressly retains jurisdiction to pursue any possible sanctions against Petitioner. See generally Fla. R. App. P. 9.410(a).

         Since 2013, Petitioner has filed thirty-five other petitions and notices with the Court. See Schofield v. State, No. SC17-2280, 2018 WL 862941 (Fla. Feb. 14, 2018) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. State, No. SC17-2279, 2018 WL 862786 (Fla. Feb. 14, 2018) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. Schofield, No. SC17-2278, 2018 WL 859763 (Fla. Feb. 14, 2018) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. State, No. SC17-2277, 2018 WL 859605 (Fla. Feb. 14, 2018) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. Tampa, No. SC17-1971, 2017 WL 5496025 (Fla. Nov. 16, 2017) (transferring mandamus petition to the district court for consideration as a notice of appeal); Schofield v. Schofield, No. SC17-314, 2017 WL 2210399 (Fla. May 17, 2017) (denying habeas petition); Schofield v. Schofield, No. SC16-2283, 2017 WL 393395 (Fla. Jan. 30, 2017) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. State, No. SC16-1875, 2017 WL 167542 (Fla. Jan. 17, 2017) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. State, No. SC16-1878 (Fla. Jan. 3, 2017) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. State, No. SC16-1877, 2017 WL 24664 (Fla. Jan. 3, 2017) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. Schofield, No. SC16-1850, 2017 WL 24663 (Fla. Jan. 3, 2017) (dismissing petition for writ of error coram nobis for lack of jurisdiction); Schofield v. State, No. SC16-1879, 2016 WL 7212340 (Fla. Dec. 13, 2016) (transferring petition for writ of error coram nobis to circuit court for consideration as postconviction motion); Schofield v. State, No. SC16-1876, 2016 WL 7212338 (Fla. Dec. 13, 2016) (transferring petition for writ of error coram nobis to county court for consideration as postconviction motion); Schofield v. State, No. SC16-343 (Fla. Mar. 8, 2016) (transferring prohibition petition to district court); Schofield v. State, 171 So.3d 120 (Fla. 2015) (table) (dismissing notice to invoke discretionary jurisdiction); Schofield v. State, No. SC15-695 (Fla. Apr. 16, 2015) (transferring notice of appeal to circuit court); Schofield v. State, No. SC15-384 (Fla. Apr. 6, 2015) (transferring habeas petition to district court for consideration as notice of appeal); Schofield v. State, No. SC15-241 (Fla. Feb. 12, 2015) (transferring notice of appeal to circuit court); Schofield v. State, No. SC15-240 (Fla. Feb. 12, 2015) (transferring notice of appeal to circuit court); Schofield v. State, 160 So.3d 898 (Fla. 2015) (table) (dismissing mandamus petition) (No. SC14-1979); Schofield v. State, 160 So.3d 898 (Fla. 2015) (table) (dismissing mandamus petition) (No. SC14-1978); Schofield v. State, No. SC14-2160 (Fla. Nov. 18, 2014) (transferring prohibition petition to circuit court); Schofield v. State, 153 So.3d 909 (Fla. 2014) (table) (dismissing mandamus petition); Schofield v. Eslinger, No. SC14-1789 (Fla. Oct. 1, 2014) (transferring habeas petition to district court for consideration as notice of appeal); Schofield v. State, No. SC14-372 (Fla. Oct. 1, 2014) (transferring prohibition petition to circuit court); Schofield v. Gee, No. SC14-945 (Fla. Sept. 30, 2014) (transferring habeas petition to district court); Schofield v. State, 151 So.3d 1228 (Fla. 2014) (table) (dismissing notice to invoke discretionary jurisdiction) (No. SC14-1327); Schofield v. State, 151 So.3d 1228 (Fla. 2014) (table) (dismissing notice to invoke discretionary jurisdiction) (No. SC14-1153); Schofield v. State, 148 So.3d 772 (Fla. 2014) (table) (dismissing notice to invoke discretionary jurisdiction); Schofield v. State, 135 So.3d 289 (Fla. 2014) (table) (dismissing prohibition petition); Schofield v. State, 134 So.3d 450 (Fla. 2014) (table) (dismissing notice to invoke discretionary jurisdiction); Schofield v. Schofield, 123 So.3d 1147 (Fla. 2013) (table) (dismissing notice to invoke discretionary jurisdiction); Schofield v. State, 123 So.3d 1147 (Fla. 2013) (table) (dismissing notice to invoke discretionary jurisdiction); Schofield v. State, No. SC13-712 (Fla. Aug. 26, 2013) (transferring prohibition petition to circuit court); Schofield v. State, 116 So.3d 1262 (Fla. 2016) (table) (dismissing notice to invoke discretionary jurisdiction).

         This Court has chosen to sanction pro se petitioners who have abused the judicial process and otherwise misused this Court's limited judicial resources by filing frivolous, non-meritorious, or otherwise inappropriate filings. Such petitioner's have been barred from initiating further proceedings in this Court unless their pleadings, motions, or other requests for relief were filed under the signature of a member of The Florida Bar in good standing. See, e.g., Desue v. Jones, 213 So.3d 801 (Fla. 2017); Steele v. State, 14 So.3d 221 (Fla. 2009); Pettway v. McNeil, 987 So.2d 20 (Fla. 2008).

         It appearing that Petitioner has abused the judicial process by filing numerous pro se filings in this Court that are either meritless or not appropriate for this Court's review, the Court now takes action. Therefore, Preston Leonard Schofield is hereby directed to show cause on or before March 8, 2018, why he should not be barred from filing any pleadings, motions, or other requests for relief in this Court related to case numbers 592011DR0022570000XX, 592011MM004051A000XX, 592013MM010912A000XX, ...


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