Earnest Gordon v. State
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED EARNEST R. GORDON, Appellant, v. Case No. 5D12-4291 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 3, 2013 3.850 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. Earnest R. Gordon, Jr., Florida City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Earnest Gordon appeals the trial court s summary denial of his motion for postconviction relief filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. In his first claim, Gordon asserted that his trial counsel was ineffective for allowing him to enter a no contest plea when counsel knew he had not received his psychotropic medication and was, therefore, unable to understand the nature of the proceedings. Gordon further alleged that he would not have entered the plea if he had understood what was going on. The transcript of the plea colloquy attached to the summary denial order does not conclusively refute Gordon s claim. Accordingly, we reverse the trial court s summary denial order as to Gordon s first claim and remand for the trial court to either attach additional documents conclusively refuting his claim or hold an evidentiary hearing. We affirm, without discussion, the trial court s summary denial of Gordon s second and third claims. AFFIRMED, in part; REVERSED, in part; and REMANDED. PALMER, EVANDER, and COHEN, JJ., concur. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
