NATHAN RENNER JUNG
v.
STATE OF FLORIDA
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A claim of ineffective assistance of counsel alleging that counsel's inadequate representation led to a guilty plea is facially sufficient and requires an evidentiary hearing rather than summary denial.
[1] A postconviction claim of ineffective assistance of counsel is facially sufficient to require an evidentiary hearing when the allegation, if proven, would negate the fact…
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Join FLexlaw to unlock all legal intelligence“If appellant's allegation is correct, no factual basis existed to support a conviction for burglary of a dwelling. Appellant further claims that he would not have entered his guilty plea but for his counsel's ineffectiveness. As such, appellant's allegations constitute a facially sufficient claim for ineffective assistance of counsel.”
Court citing Smalls v. State to explain the facial sufficiency standard for ineffective assistance claims in the context of guilty pleas.
Nathan Renner Jung appealed the summary denial of his second postconviction relief claim, which asserted that counsel's ineffectiveness induced his gu…
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We reverse the court’s summary denial of Appellant’s second claim for postconviction relief, which we conclude was facially sufficient. We remand for the trial court to conduct an evidentiary hearing on that claim or to attach portions of the record conclusively refuting it. See Odom v. State, 782 So. 2d 510, 510 (Fla. 1st DCA 2001); see also Smalls v. State, 973 So. 2d 630, 631-32 (Fla. 1st DCA 2008) (“If appellant’s allegation is correct, no factual basis existed to support a conviction for burglary of a dwelling. Appellant further claims that he would not have entered his guilty plea but for his counsel’s ineffectiveness. As such, appellant’s allegations constitute a facially sufficient claim for ineffective assistance of counsel.”). We affirm the summary denial of Appellant’s remaining claims.
2
AFFIRMED in part, REVERSED in part, and REMANDED.
RAY, MAKAR, and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Odom v. State, 782 So. 2d 510 (Fla. 1st DCA 2001)
- Smalls v. State, 973 So. 2d 630 (Fla. 1st DCA 2008)