          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D19-0507
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JOHN MATTHEW JOHNSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Angela M. Cox, Judge.

                           July 23, 2019

B.L. THOMAS, J.
      Appellant challenges the summary denial of his rule 3.850
motion for postconviction relief. He asserts two grounds for relief.
We affirm the trial court’s summary denial of relief on the second
of those two grounds without discussion. However, in Appellant’s
first ground he alleged that his counsel was ineffective for advising
him to take the plea agreement without informing him of the
weakness in the State’s evidence. The asserted weakness in the
State’s evidence included that the State allegedly had no witnesses
who saw anyone with a firearm, much less saw the Appellant with
a firearm, and could not enter the firearm, shell casing, or bullet
projectile as evidence under section 90.401, Florida Statutes.
Appellant also asserted that had he known of the State’s allegedly
weak case, he would have never taken the plea agreement as his
counsel recommended.
     These assertions, taken as true, establish a facially sufficient
claim of deficient performance and prejudice under Strickland v.
Washington *. Hill v. State, 258 So. 3d 577, 579 (Fla. 1st DCA 2018);
Marshall v. State, 540 So. 2d 921, 922 (Fla. 1st DCA 1989); Golden
v. State, 509 So. 2d 1149, 1153-54 (Fla. 1st DCA 1987). We reverse
and remand for an evidentiary hearing on this ground.
    AFFIRMED in part, REVERSED in part, and REMANDED.
OSTERHAUS and ROWE, 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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John Matthew Johnson, pro se, Appellant.

Ashley Moody, Attorney General, Thomas H. Duffy, Assistant
Attorney General, Tallahassee, for Appellee.




    *
        466 U.S. 668, 678 (1984).
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