DARRYL EMERY GORDON
v.
STATE OF FLORIDA
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A postconviction motion under Florida Rule of Criminal Procedure 3.850 may be summarily denied when it lacks merit, and an appeal of such denial may be deemed frivolous when it represents a repeated collateral attack on the same judgment.
[1] A court may warn a pro se litigant that future frivolous filings may result in sanctions, including prohibition of further pro se filings and referral for disciplinary pr…
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Join FLexlaw to unlock all legal intelligenceGordon appealed an order summarily denying his postconviction motion challenging his 2014 jury trial judgment and sentence. This was Gordon's fifth co…
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PER CURIAM.
Darryl Emery Gordon appeals an order summarily denying his postconviction motion filed under Florida Rule of Criminal Procedure 3.850. Gordon challenged his judgment and sentence, following a 2014 jury trial. Finding no merit in this appeal, we affirm. We also conclude that this appeal is frivolous. This is Gordon’s fifth collateral attack on his 2014 judgment and sentence. See Gordon v. State, Order Granting Mot. to Dismiss, 1D17-2060 (Fla. 1st DCA 2017) (granting voluntary dismissal of an appeal of an order denying relief under Florida Rule of Criminal Procedure 3.800(c)); Gordon v. State, 244 So. 3d 428 (Fla. 1st DCA 2018) (denying a petition alleging ineffective assistance of appellate
counsel); Gordon v. State, 286 So. 3d 833 (Fla. 1st DCA 2019) (affirming an order denying a rule 3.850 motion); Gordon v. State, 300 So. 3d 1132 (Fla. 1st DCA 2020) (unpublished table decision) (affirming an order denying a rule 3.850 motion). The Court warns Gordon that any future filings found to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279(1), Fla. Stat. (2021). AFFIRMED. ROWE, C.J., and BILBREY and TANENBAUM, JJ., concur. _____________________________
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Citator
Authorities Cited
- Gordon v. State, 244 So. 3d 428 (Fla. 1st DCA 2018)
- Gordon v. State, 265 So. 3d 606 (Fla. 2d DCA 2019)