Gordon v. State
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Mario Gordon appealed a judgment that denied his petition for post-conviction review in which he alleged ineffective assistance of counsel. In the underlying case, Gordon had pleaded guilty to multiple charges pursuant to a plea agreement with a sentencing cap. This was based on his attorney's advice that Gordon would likely receive a sentence significantly more lenient than the one the court ultimately imposed. Gordon's attorney had advised him that if he agreed to a twelve-year cap, the sentence would likely be eight years without suspension or ten years with a portion of the sentence suspended. However, the court imposed a sentence of twelve years without suspension, leading Gordon to argue that he had received ineffective assistance of counsel.
The Maine Supreme Judicial Court held that Gordon's counsel did not provide ineffective assistance. The Court found that the attorney's advice was a strategic decision that was not "manifestly unreasonable," as Gordon was aware that he could receive up to a twelve-year sentence but chose to proceed with the twelve-year cap option in hopes of obtaining probation. The Court also found that Gordon could not demonstrate that his plea was involuntary as he was informed during the plea colloquy that he could be sentenced to up to twelve years. Furthermore, the Court found that Gordon's attorney was not required to object to the sentence when it was imposed, as Gordon had acknowledged that he understood the terms of his plea agreement. Therefore, the Court affirmed the judgment denying Gordon's post-conviction review petition.
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