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MARCUS J. HARRIS, vs THE STATE OF FLORIDA

Date: 04-04-2020

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:

About This Case

What was the outcome of MARCUS J. HARRIS, vs THE STATE OF FLORIDA?

The outcome was: Petition dismissed.

Which court heard MARCUS J. HARRIS, vs THE STATE OF FLORIDA?

This case was heard in Third District Court of Appeal State of Florida, FL. The presiding judge was Before SALTER, SCALES and MILLER, JJ. PER CURIAM.

Who were the attorneys in MARCUS J. HARRIS, vs THE STATE OF FLORIDA?

Plaintiff's attorney: Ashley Moody, Attorney General. Defendant's attorney: Need help finding a lawyer for representation for writ of mandamus in Florida? Call 918-582-6422. It's Free..

When was MARCUS J. HARRIS, vs THE STATE OF FLORIDA decided?

This case was decided on April 4, 2020.