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GORDON v. STATE (2022)

District Court of Appeal of Florida, First District.2022-08-03No. No. 1D22-172

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Opinion

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 Gordons 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1st DCA 2019) (affirming an order denying a rule 3.850 motion); Gordon v. State, 300 So. 3d 1132 (Fla. 1st DCA 2020) (unpublished table decision) (affirming an order denying a rule 3.850 motion).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.

Per Curiam.

Rowe, C.J., and Bilbrey and Tanenbaum, JJ., concur.