         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D16-2170
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NATHAN RENNER JUNG,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Walton County.
Kelvin C. Wells, Judge.

                          May 17, 2018


PER 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 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.
    AFFIRMED in part, REVERSED in part, and REMANDED.

RAY, MAKAR, and WINSOR, 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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Nathan Renner Jung, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant
Attorney General, Tallahassee, for Appellee.




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