          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D19-794
                 _____________________________

ANTUAN R. GOLDEN,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Duval County.
Marianne L. Aho, Judge.

                           July 10, 2019


PER CURIAM.

     We affirm without discussion the denial of Appellant’s rule
3.800 motion challenging the legality of his habitual felony
offender designation. Additionally, because the claim raised by
Appellant in this motion is exactly the same as the as the claim he
raised in a prior rule 3.800 motion that was denied on the merits
and affirmed on appeal, 1 we find this appeal to be frivolous and an
abuse of process. See State v. McBride, 848 So. 2d 287, 291 (Fla.
2003) (“Collateral estoppel . . . precludes a defendant from
rearguing in a successive rule 3.800 motion the same issue argued


    1 Golden v. State, Case No.1D16-4420, 229 So. 3d 1224 (Fla.
1st DCA 2017) (table).
in a prior motion.”); Carroll v. State, 192 So. 3d 525, 526-27 (Fla.
1st DCA 2016) (“The postconviction process does not exist simply
to give prisoners something to do in order to help them pass
the time as they serve their sentences, and every minute the
courts are required to spend on meritless postconviction filings
is time that cannot be spent on other potentially meritorious
cases.”). Accordingly, we direct the Clerk to forward a certified
copy of this opinion to the appropriate institution within the
Department of Corrections for potential disciplinary action against
Appellant pursuant to section 944.279, Florida Statutes, and the
Department’s rules. See Ponton v. Willis, 172 So. 3d 574, 576 (Fla.
1st DCA 2015) (explaining that a Spencer order is not required
before referring the inmate for disciplinary action based upon a
frivolous filing).

    AFFIRMED.

B.L. THOMAS, WETHERELL, and M.K. THOMAS, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Antuan R. Golden, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




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