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MAYOLO v. STATE

No. 97-0253.

692 So.2d 939 (1997)

David MAYOLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied May 16, 1997.

Attorney(s) appearing for the Case

David Mayolo, Immokalee, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The record excerpts attached to the order summarily denying David Mayolo's rule 3.850 motion do not conclusively refute his allegations that the public defender's office had a conflict due to its prior representation of a state witness and that he was not given prior notice that a fee for the public defender's services would be assessed. The order denying the motion is reversed and the case is remanded for evidentiary hearing or attachment of additional...

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