Florida District Courts of Appeal, 1997

Mayolo v. State

Mayolo v. State
Florida District Courts of Appeal · Decided April 9, 1997 · Glickstein, Polen, Stone
692 So. 2d 939; 1997 Fla. App. LEXIS 3257; 1997 WL 163578 (Southern Reporter, Second Series)

Mayolo v. State

Opinion of the Court

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 record excerpts that show that Mayolo is not entitled to any relief on those two issues. We agree with the trial court’s denial of the remainder of his claims.

GLICKSTEIN, STONE and POLEN, JJ., concur.

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