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633 So. 2d 112

Cueto v. State

District Court of Appeal of Florida · decided 1994-03-11

Cited by 14 later decisions — most recently May 2000

13 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1994-03-11

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PER CURIAM.

¶1Frank Cueto, Sr. appeals the denial of his motion for postconviction relief. We reverse.

¶2Cueto was convicted of a violation of section 648.44(7), Florida Statutes (1989), for unlawfully engaging in the bail bonds business and a second count of misleading advertising. Cueto asserts in a facially sufficient claim, that he received ineffective assistance of counsel because his counsel had a conflict of interest. The trial court’s order does not address this claim nor are there attachments refuting this claim. Accordingly, we reverse the denial and remand for further proceedings. After remand, the trial court may hold an evidentiary hearing or again deny the motion by attaching portions of the files and records in the case that refute the appellant’s allegation.

¶3Reversed and Remanded.

SCHOONOVER, A.C.J., and BLUE and FULMER, JJ., concur.
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