          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D18-3289
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DAVID PEMBELTON JR,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Baker County.
Mark W. Moseley, Judge.

                          August 5, 2019


PER CURIAM.

     David Pembelton appeals an order summarily denying his
motion for postconviction relief in which he asserted four claims of
ineffective assistance of counsel. We affirm the trial court’s
summary denial of claims one, three, and four without discussion.
However, in Pembelton’s second claim he alleged that his defense
counsel was ineffective for failing to investigate and failing to
inform him that he could have filed a motion to suppress the
warrantless entry into his home. His assertions, taken as true,
establish a facially sufficient claim under Strickland v.
Washington, 466 U.S. 668, 678 (1984). See Fry v. State, 217 So. 3d
1139, 1140 (Fla. 1st DCA 2017) (“A trial attorney’s failure to
investigate a factual defense or a defense relying on the
suppression of evidence, which results in the entry of an ill-advised
plea of guilty, has long been held to constitute a facially sufficient
attack upon the conviction.” (quotations omitted)). We reverse and
remand for an evidentiary hearing on this claim.

    AFFIRMED in part, REVERSED in part, and REMANDED.

LEWIS, ROWE, and MAKAR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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David Pembelton Jr, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




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