McDonald v. State

WHATLEY, Judge.

James C. McDonald seeks review of the postconviction court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the postconviction court’s order on McDonald’s second claim. We reverse and remand for further proceedings on McDonald’s first claim of ineffective assistance of counsel for failure to file a motion to suppress.

In July 2008, McDonald pleaded guilty to one count of possession of cocaine and was sentenced to five years in prison. The record on appeal establishes that on…