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495 So. 2d 248

495 So.2d 248

11 Fla.L.Weekly 2058

Docket No. 86-2233.

Cintron v. State

Juan CINTRON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 26, 1986.

District Court of Appeal of Florida · decided 1986-09-26

Relies on Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-09-26

How this case has been cited

Cited by 7 later decisions — most recently May 2000

7 state decisions

40198619902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1PER CURIAM.

¶2Juan Cintron appeals the summary denial of his motion for postconviction relief. The trial court found that all of Cintron's numerous contentions were facially insufficient. With one exception, we agree with that conclusion.

¶3Cintron alleged that his trial counsel was ineffective for failing to move to suppress a confession given by Cintron in the absence of any notification of his right to have counsel present. If true, this could constitute ineffective assistance of counsel. See, e.g., Brown v. State, 409 So.2d 129 (Fla. 5th DCA 1982).

¶4Accordingly, we remand this case to the trial court for further consideration of this one issue. The trial court should either conduct a hearing on Cintron's claim of ineffective counsel, or support its denial of the motion by attaching sufficient portions of the record to demonstrate that Cintron *249 is not entitled to the relief he seeks. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain further appellate review.

¶5Reversed and remanded.

¶6SCHEB, A.C.J., and CAMPBELL and SANDERLIN, JJ., concur.

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