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JIMENEZ v. STATE

No. 3D09-316.

27 So.3d 758 (2010)

Diego JIMENEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 10, 2010.

Attorney(s) appearing for the Case

Diego Jimenez, in proper person.

Bill McCollum, Attorney General, for appellee.

Before COPE, GERSTEN, and LAGOA, JJ.

PER CURIAM.

Diego Jimenez ("the defendant") appeals from a trial court order prohibiting him from filing further pro se postconviction motions. Although the defendant has filed three postconviction relief motions, each addressed a different, legally cognizable issue. Thus, we find that the trial court abused its discretion in determining that the defendant abused his right to pro se access by filing frivolous motions. See State v. Spencer,

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