Jung v. State
District Court of Appeal of Florida
1Per curiam
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 *232Smalls 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…
2Cases cited2 opinions
- Odom v. StateDistrict Court of Appeal of Florida · 2001
- Smalls v. StateDistrict Court of Appeal of Florida · 2008