LANORRIS D. GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the trial court's order summarily denying the motion for post-conviction relief.
[1] A defendant alleging ineffective assistance of counsel must demonstrate prejudice resulting from counsel's alleged misadvice.
[2] A challenge to the sufficiency of an information is not cognizable under Florida Rule of Criminal Procedure 3.850.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe appellant, Gordon, appealed the denial of his motion for post-conviction relief, alleging various misunderstandings and errors related to his sent…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Appellate Procedure 9.140(J) cases and more on FLexlaw
W. SHARP, Judge.
Gordon appeals from the trial court’s order which summarily denied his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. On appeal, he presents four issues. The trial judge addressed each on the merits. We affirm.
Gordon first asserts he did not understand that at sentencing he could later challenge the judgment and sentence being heard on mitigation. He claims that he received affirmative misadvice but actually only alleges that he merely “misunderstood” what the trial court informed him. In any event, he has failed to allege prejudice for purposes of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Second Gordon alleges he thought he was entering a plea to simple robbery rather than armed robbery because the count charging possession of a firearm by a convicted delinquent was dropped. However, it appears Gordon, in effect, is challenging the sufficiency of the information, since he actually argues he did not in fact possess a firearm as charged. His claim is not cognizable under rule 3.850.
Third, Gordon alleges he misunderstood the appeal process and did not know he had a time limit in which to file a notice of appeal. As the trial court points out in its order, Gordon is not entitled to relief on this claim under rule 3.850 because, pursuant to Florida Rule of Appellate Procedure 9.140(j), requests for belated appeals must be filed directly with the appellate court as a petition for writ of habeas corpus.
Fourth, Gordon alleges the three year minimum mandatory sentence he received for use of a firearm is illegal because he was also sentenced as a youthful offender. The trial court acknowledged this claim may have merit. See Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997). However, pursuant to Maddox v. State, 708 So. 2d 617, 23 Fla. L. Weekly D720 (Fla. 5th DCA 1998), sentencing errors will not be addressed unless the issue is preserved for review either by objection in the trial court or by motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b).
AFFIRMED.
GOSHORN and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gaynett Powell v. State, 719 So. 2d 963 (Fla. 4th DCA 1998)…appellant failed to preserve the issue by objecting to the mandatory minimum at sentencing or filing a motion to correct the sentence. See § 924.051(3), Fla. Stat. (Supp.1996); Fla. R.App. P. 9.140(d); Fla. R.Crim. P. 3.800(b); Cf. Gordon v. State, 717 So. 2d 1069, 23 Fla. L. Weekly D1922 (Fla. 5th DCA 1998). The improper imposition of the mandatory minimum term constituted fundamental error. See Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997); Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984). Porte…
-
Jackson v. State, 805 So. 2d 90 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Capre v. State, 773 So. 2d 92 (Fla. 5th DCA 2000); Gordon v. State, 717 So. 2d 1069, 1070 (Fla. 5th DCA 1998). THOMPSON, C.J., SHARP, W., and SAWAYA, JJ., concur.…
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)
- Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997)