RANDALL LYNN GERDING
v.
STATE OF FLORIDA
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Trial counsel's alleged misadvice regarding the length of sentence upon a guilty plea presents a factual question requiring an evidentiary hearing or production of conclusive records rather than summary denial.
[1] A trial court may not summarily deny a Rule 3.850 motion claiming ineffective assistance of counsel for misadvising the defendant regarding sentence length without either…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Our reversal of this ground should not be construed or interpreted by the postconviction court as indicating that we have determined, on the merits, that Appellant is entitled to relief on this ground.”
The court clarified that reversal of summary denial does not constitute a determination on the merits of the ineffective assistance claim.
Randall Gerding appealed the summary denial of his Rule 3.850 postconviction motion raising two grounds for relief, including a claim that his trial c…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2026-1327 L.T. Case Nos. 27-2022-CF-844-A 27-2022-CF-845-A
RANDALL LYNN GERDING, Appellant,
V.
STATE OF FLORIDA, Appellee.
3.850 Appeal from the Circuit Court for Hernando County. Stephen E. Toner, Jr., Judge.
Randall Gerding, Live Oak, pro se.
No Appearance for Appellee.
October 23, 2026
PER CURIAM.
Randall Lynn Gerding appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse as to the first issue Appellant raises on appeal; that is, that his trial counsel was ineffective for misadvising him of the length of sentence he would receive upon pleading guilty. See generally Lamkin v. State, 215 So. 3d 640 (Fla. 5th DCA 2017). We remand with instructions for the postconviction court to either attach records conclusively refuting Appellant's claim or to conduct
an evidentiary hearing on that claim. Our reversal of this ground should not be construed or interpreted by the postconviction court as indicating that we have determined, on the merits, that Appellant is entitled to relief on this ground. See Davis v. State, 373 So. 3d 372 (Fla. 5th DCA 2023).
We affirm the trial court's ruling on the second ground of Appellant's postconviction motion without further discussion.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
HARRIS, SOUD, and MACIVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lamkin v. State, 215 So. 3d 640 (Fla. 5th DCA 2017)
- Davis v. State, 373 So. 3d 372 (Fla. 5th DCA 2023)