FRANK CUETO, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Frank Cueto, Sr. appeals the denial of his motion for postconviction relief. We reverse.
Cueto 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.
Reversed and Remanded.
SCHOONOVER, A.C.J., and BLUE and FULMER, JJ., concur.
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…e” had a broader meaning than this Court's later definition of that term found in Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995), and in State v. Mancino, 714 So. 2d 429, 433 (Fla.1998). See Maddox, 708 So. 2d at 618 n. 4; see also Brown v. State, 633 So. 2d 112, 114 (Fla. 2d DCA 1994) (Altenbernd, J., concurring in part and dissenting in part). As Judge Altenbernd noted, in the 1960s and 1970s "the notion that a sentence could be 'unlawful' or 'erroneous' or 'imposed in violation’ of the law without also b…
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Leonard v. State, 760 So. 2d 114 (Fla. 2000)…ida Statutes (1977)). . Apparently, this Court in Robinson used the term "illegality of the sentence” in a broad sense to cover various types of errors in the sentence imposed. See Maddox v. State, 760 So. 2d 89 (Fla.2000); see also Brown v. State, 633 So. 2d 112, 114 (Fla. 2d DCA 1994) (Al- [*118] tenbernd, J., concurring in pari and dissenting in part). . The prefiled version of the bill provided that all criminal defendants must demonstrate the jurisdiction of the appellate court before the court could c…
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