CUETO v. STATE

No. 3D11-264.

88 So.3d 1064 (2012)

Jorge CUETO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 6, 2012.


Attorney(s) appearing for the Case

Clayton R. Kaeiser , for appellant.

Pamela Jo Bondi , Attorney General, and Linda Katz , Assistant Attorney General, for appellee.

Before SUAREZ, LAGOA and EMAS, JJ.


Corrected Opinion

EMAS, J.

We deny the State's motion for rehearing. On our own motion, however, we withdraw our previous opinion and substitute the following:

Defendant Jorge Cueto appeals the trial court's order summarily denying his motion for postconviction relief. We reverse, holding that the trial court erred in summarily denying Cueto's motion without an evidentiary hearing, and in applying the incorrect standard in assessing the claims...

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