DAVID PEMBELTON JR
v.
STATE OF FLORIDA
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A defense attorney's failure to investigate a factual defense or a suppression defense, which resulted in entry of an ill-advised guilty plea, constitutes a facially sufficient claim of ineffective assistance of counsel under Strickland v. Washington.
[1] A claim of ineffective assistance of counsel is facially sufficient when the defendant alleges that counsel failed to investigate and inform the defendant of the possibil…
[2] A trial court's summary denial of a motion for postconviction relief is affirmed when the claims asserted are legally insufficient.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Court's application of controlling law from Fry v. State to determine sufficiency of Pembelton's second claim.
David Pembelton appealed the summary denial of his postconviction motion asserting four claims of ineffective assistance of counsel. The second claim …
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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. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ David Pembelton Jr, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.